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Judgment
Ashutosh J. Shastri, J
This petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:-
“(A) Your Lordship may be pleased to issue any writ and quash and set aside the order passed by Learned Board of Nominees, Mehsana dated
5.2.2020 below Exhibit-6 of Lavad Case No.23/2020, which is at Annexure-A of this petition.
(B) Your Lordship may be pleased to stay the implementation and execution of the order passed by Learned Board of Nominees, Mehsana dated
5.2.2020 below Exhibit-6 of Lavad Case No.23/2020, which is at Annexure-A of this petition.
(C) …………..â€
Learned advocate Mr. Sandip M. Patel has submitted that this petition has been filed at the stage where Gujarat Co-operative Tribunal was not
functioning for want of Member. It has further been submitted that in the meantime, during passage of time, the authority has passed an order on
8.11.2020 for appointment of Custodian in exercise of power under Section 74 of the Co-operative Societies Act and as such, he has also filed a civil
application for seeking urgent interim relief, but has candidly submitted that this is the offspring of the impugned order which was the subject matter of
Revision Application No.8 of 2020, which is very much filed and is seized before the Gujarat Co-operative Tribunal, Ahmedabad and as such, has
requested to allow him to withdraw the petition as well as the Civil Application for enabling the petitioners to immediately approach the Gujarat Co-
operative Tribunal for seeking such urgent interim relief and for expeditious hearing of the main Revision Application No.8 of 2020. This request is
made in view of the fact that learned Assistant Government Pleader Mr. Bharat Vyas on instruction has stated that now, the Tribunal is properly
functioning since the Member is very much appointed and as such, similar request can be made before the Tribunal by the petitioners in the pending
proceedings.
Considering the aforesaid situation, the petition is permitted to be withdrawn with a view allow the petitioners to approach the Gujarat Co-operative
Tribunal for expeditious hearing of the main Revision Application, as stated above, as well as for applying for urgent interim relief for seeking stay of
the order dated 8.11.2020 whereby Custodian is appointed. According to learned advocate for the petitioners, since Custodian has not so far taken any
charge, some observation be made so as to see that application for interim relief. which may be submitted, be dealt with as expeditiously as possible.
In view of the aforesaid submission and the request, the petitioners are permitted to withdraw the petition as well as the Civil Application. It is
observed that as and when such application is made by the petitioners for seeking interim relief against the order dated 8.11.2020, same shall be
considered as expeditiously as possible so as to see that challenge to the main revision application may not become infructuous.
It is clarified that this Court has not expressed any opinion on merit of the case of the petitioners. It is independently open for learned Tribunal to
consider the request of the petitioners as may be made.
With the aforesaid observations, Special Civil Application as well as the Civil Application stand disposed of as withdrawn.