Sardar Patel Adhewada-Sidsar Onion Growers Company OP. SO. Ltd. vs State of Gujarat and Others

M.R. Shah, J.—By way of this petition under Articles 226 and 227 of the Constitution of India the Petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 18/02/2009 passed by Respondent No. 2 in Revision Application No. 269/2008 preferred by the Petitioner.

It appears that challenging the decision of Respondent No. 4-Federation in denying membership to the Petitioner, the Petitioner preferred an Appeal u/s 155 of the Gujarat Co-operative Societies Act before the Additional Registrar (Appeals), Co-operative Society, State of Gujarat who by his order dated 24/11/2008 dismissed the said Appeal on the ground that against the decision/action of Respondent No. 4-Federation Appeal u/s 155 of the Co-operative Societies Act is not maintainable. Being aggrieved and dissatisfied with the order passed by the Additional Registrar (Appeals) dated 24/11/2008 in Appeal/Revision Application No. 143/2008 the Petitioner preferred Revision Application before the State Government, which came to be dismissed by the revisional authority by impugned order. Being aggrieved and dissatisfied with the aforesaid order passed by the revisional authority, the Petitioner has preferred the present Special Civil Application.

Shri Mangukiya, learned advocate appearing on behalf of the Petitioner is not disputing that the Petitioner preferred Appeal before the Additional Registrar (Appeals) u/s 155 of the Co-operative Societies Act. He is also not in a position to satisfy the Court whether Respondent No. 4-Federation can be said to be subordinate to the Additional Registrar (Appeals) or not. As such he has fairly conceded that Respondent No. 4 cannot be said to be subordinate to the Additional Registrar (Appeals), and, therefore, as such he is not in a position to satisfy the Court how the order passed by the Additional Registrar (Appeals) confirmed by the revisional authority is contrary to Section 155 of the Co-operative Societies Act. Considering the aforesaid facts and circumstances of the case and the controversy before the Additional Registrar (Appeals), it cannot be said that the Additional Registrar (Appeals) has committed any error and/or illegality in not considering Section 155 of the Co-operative Societies Act for which action of Respondent No. 4-Federation was challenged.

Under the circumstances, No. interference of this Court called for against the impugned order. In view of the above, the present petition fails and the same deserves to be dismissed and is accordingly dismissed. However, it will be open for the Petitioner to challenge the decision of Respondent No. 4-Federation, which was impugned before the Additional Registrar (Appeals), by initiating independent proceedings and as and when such proceedings are initiated the same be considered in accordance with law and on its own merits for which this Court has not expressed anything on merits in favour of either parties.

At this stage, Shri Mangukiya, learned advocate appearing on behalf of the Petitioner has submitted that the Petitioner may again apply for membership and/or even challenge the decision of denying the membership by Respondent No. 4-Federation before the learned appellate authority. It is ultimately for the Petitioner to initiate appropriate proceedings. However, it is observed that as and when any such appropriate proceedings are initiated the same shall be considered in accordance with law and on its own merits for which this Court has not expressed anything. Rule is discharged. No. order as to costs.