Gujarat High Court
Yashwantsinh Udehsinh Devada vs The Dharod Dudha Utpadak Sahakari ... on 23 August, 2023
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/9583/2023 ORDER DATED: 23/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9583 of 2023
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YASHWANTSINH UDEHSINH DEVADA
Versus
THE DHAROD DUDHA UTPADAK SAHAKARI MANDALI LIMITED
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Appearance:
MS MEENA VYAS(3315) for the Petitioner(s) No. 1
MR AADITYASINH JADEJA AGP for the Respondent(s) No. 3
MS RITU R GURU(5532) for the Respondent(s) No. 1,2
SERVED BY RPAD (N) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 23/08/2023
ORAL ORDER
1. By way of this petition the petitioner has
prayed for the following reliefs :-
"(a) YOUR LORDSHIPS.......may be pleased
to issue a writ of Mandamus or writ of
Certiorari or in the nature of Mandamus or
in the nature Certiorari or any other
appropriate writ to quash and set aside
the order dated : 332022 passed by the
Honourable Gujarat State Co operative
Tribunal Ahmedabad fall under the Appeal
No : 63 of 2021 and confirm the order
dated : 15/9/2021 passed by the Board of
Nominees Mahesan in Lawadi Suit No : 192
of 2021 in the interest of justice.
(b) YOUR LORDSHIPS.......may be pleased to
during pending admission, hearing and
final disposal of this petition the stay
implementation operation and execution of
NEUTRAL CITATION
C/SCA/9583/2023 ORDER DATED: 23/08/2023
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the judgment and order dated : 3/3/2022
passed by the Honourable Gujarat State Co
operative Tribunal Ahmedabad fall under
the Appeal No :22 of 2021 in the interest
of justice.
IN ALTERNATIVELY
(c) YOUR LORDSHIPS.......may be pleased
to issue a writ of Mandamus or in the
nature of Mandamus or any other
appropriate Writ or/as top directly
direction given to the Board of Nominees
Mahesana to decide the Lawadi Suit No :192
of 2021 within the three months of the
respective order may be pass by this
Honourable court in the interest of
justice, annexed as Ann."B"
(d) YOUR LORDSHIPS.......may be pleased
to pass such other and further order as
this Honourable Court may deem just and
expedient in favour of the petitioners in
interest of justice.
(e) And for this act of kindness and
justice, the applicant herein above as
duty bound shall forever pray."
2. However, learned advocate Ms. Meena Vyas
appearing for the petitioner, at the outset,
states that if the Court instead of considering
the petition on merit, direct the Board of
Nominees Mahesana to hear and decide the Lawadi
Suit No.192 of 2021 as early as possible, the
interest of the justice would be served.
NEUTRAL CITATION
C/SCA/9583/2023 ORDER DATED: 23/08/2023
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3. Considering the aforesaid innocuous prayer made
be learned advocate Ms. Meena Vyas appearing on
behalf of the petitioner, the same is not
opposed by learned advocate Ms. Ritu R. Guru
appearing for the respondents No.1 and 2 and
learned Assistant Government Pleader
Mr.Aadityasinh Jadeja appearing for the
respondent No.3 - State of Gujarat. In view of
that the Board of Nominees Mahesana is hereby
directed to hear and decide Lawadi Suit No.192
of 2021 as early as possible and parties are
directed to co-operate in the hearing of the
aforesaid Lawadi Suit.
4. It is clarified that this Court has not gone
into merits of the matter.
5. The present petition stands disposed of. Notice
is discharged.
Direct service is permitted.
(NIRZAR S. DESAI,J)
Pallavi
