Mavjibhai Danabhai Patel vs District Registarar
2026 Latest Caselaw 202 Guj

Gujarat High Court

Mavjibhai Danabhai Patel vs District Registarar on 22 January, 2026

                                                                                                             NEUTRAL CITATION




                               C/SCA/744/2026                                ORDER DATED: 22/01/2026

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 744 of 2026
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                                                    MAVJIBHAI DANABHAI PATEL
                                                              Versus
                                                   DISTRICT REGISTARAR & ANR.
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                        Appearance:
                        MR DK NAKRANI(500) for the Petitioner(s) No. 1
                        MS KAUSHAL D NAKRANI(5121) for the Petitioner(s) No. 1
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                             CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                         Date : 22/01/2026
                                                          ORAL ORDER

1. By the present writ petition, the petitioner is impugning order dated 15.09.2025 passed by the respondent no.1 in appeal/representation.

2. It is submitted by the learned counsel for the petitioner that the petitioner had moved an application for grant of share certificate in the society on the basis of the sale deed dated 29.08.2007, which had been purchased from Mr.Paresh Dhirajlal Mehta and Mr.Tapan Ashwinbhai Mehta. He submits that the share certificate has been denied by the respondent no.2-Society on the ground that Shri Tapan Ashwinbhai Mehta was not joint member of the society on its record and therefore, the share certificate came to be denied to the petitioner. By the impugned order, the District Registrar, Co-operative Societies, Navsari has rejected the representation/appeal of the petitioner on the ground that since the name of Shri Tapan Ashwinbhai Mehta was not reflected as a member in the records of the society, therefore the said sale deed is not binding on the society and would be void. The learned Registrar has further observed that after the death of Smt.Aashaben Ashwinbhai Mehta on 02.09.2004, it was imperative upon the legal heirs to enter their names in the share

NEUTRAL CITATION

C/SCA/744/2026 ORDER DATED: 22/01/2026

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certificate as per the provisions of the Co-operative Societies Act and in absence thereof, the application of the petitioner cannot be entertained.

3. Learned counsel for the petitioner submits that in the present case, the District Registrar, Co-operative Societies has observed that the sale deed is null and void and not binding on the respondent no.2-Society. He submits that the said observation is in excess of its jurisdiction and therefore, this Court may entertain the present writ petition.

4. In support of his contentions, the learned counsel for the petitioner is relying upon the submissions made in the judgment of the Apex Court in the case of Whirlpool Corporation vs Registrar of Trade Marks, Mumbai & Ors, reported in (1998) 8 SCC 1, which cannot be taken into consideration. The said judgment is not applicable in the facts and circumstances of the present case.

5. In the considered opinion of this Court, since the Registrar has decided the application under the Co-operative Societies Act, the petitioner has an efficacious statutory remedy by way of an appeal under the statute. In view thereof, the present writ petition is not entertained. It is clarified that this Court has not gone into the merits of the case and no opinion is expressed thereon. The petitioner shall be at liberty to raise all the contentions as available in law before the appropriate forum.

6. The present petition stands disposed of accordingly.

Sd/-

(ANIRUDDHA P. MAYEE, J.) ABHISHEK/18