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High Court of Gujarat

NILPAR DUDH UTPADAK SAHAKARI MANDALI LTDversusTHE STATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The court held that the petition must first be addressed through a fresh representation to the District Registrar, and therefore disposed of the petition without adjudicating the substantive issues.

Summary

The petitioner, Nilpar Dudh Utpadak Sahakari Mandali Ltd, filed a special civil application seeking a writ of mandamus to compel certain respondents to implement earlier directions and to permanently shut down an unregistered dairy cooperative, along with a declaration that a respondent’s acceptance of milk from the unregistered entity was illegal and an interim order restraining such acceptance. The court noted that the petitioner had already made a representation to the Registrar of Co‑operative Societies, which remained unconsidered. The judge directed the petitioner to make a fresh representation to the District Registrar, Kutch, within two weeks, and ordered the registrar to decide the matter within three months. No merits of the petition were examined. Consequently, the petition was disposed of without any substantive ruling on the reliefs sought.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing respondents to implement prior directions concerning the unregistered dairy cooperative.
  • Whether the acceptance of milk by Respondent No.4 from the unregistered cooperative is illegal and violative of the policy mandate dated 04.06.2025.
  • Whether an interim order restraining Respondent No.4 from accepting milk from the unregistered cooperative is warranted.

Subjects

  • mandamus
  • interim injunction
  • co-operative societies
  • administrative law
  • representation
  • high court order

Judgment

    C/SCA/10004/2026                             ORDER DATED: 23/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 10004 of 2026

==========================================================
            NILPAR DUDH UTPADAK SAHAKARI MANDALI LTD
                              Versus
                   THE STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR AMIT P SOLIYA(10780) for the Petitioner(s) No. 1
MR.AAKASH K MODH(9791) for the Petitioner(s) No. 1
NIKUNJ KANARA AGP for the Respondent(s) No. 1,2,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 23/07/2026

                                ORDER


   1. Heard learned advocate Mr. Amit Soliya appearing for the
      petitioner.


   2. By way of this petition, the petitioner has prayed for the
      following reliefs:-


                 “A. Your Lordships may be pleased to admit and
                 allow this petition;

                 B. Your Lordships may be pleased to issue a writ
                 of mandamus, or any other appropriate writ,
                 order, or direction, directing Respondent No.2,
                 Respondent No.3, and Respondent No.4 to
                 immediately implement the direction dated
                 16.03.2026 (Annx D) and 20.04.2026 (Annx E) and
                 permanently close down the operations of the


                                Page 1 of 3
 C/SCA/10004/2026                          ORDER DATED: 23/07/2026




              unauthorized proposed (Suchit) Shiv Dudh
              Utpadak Sahakari Mandali (Respondent No.5) in
              Nilpst Village, Taluka Rapar in the interest of
              justice;

              C. Your Lordships may be pleased to hold and
              declare that the action of Respondent No.4 in
              accepting milk from the unregistered Respondent
              No.5 is completely illegal, unauthorized, and in
              direct violation of the policy mandate dated
              04.06.2025 (Annx C) issued by the Co-operative
              Department;

              D. Pending the final hearing and disposal of this
              petition, Your Lordships may be pleased to pass
              an interim order restraining Respondent No.4
              Union from accepting any milk from proposed
              (Suchit) Shiv Dudh Utpadak Sahakari Mandali i.e.
              Respondent No.5 in Nilpar village in the interest
              of justice;

              E. Your Lordships may be pleased to grant such
              other and further relief and/or order in the
              interest of justice in favor of the petitioner.”


3. The record indicates that the petitioner has already made
   a fresh representation to the Registrar of Co-operative
   Societies, Gujarat State, raising his grievance. However,
   the said representation has neither been considered nor



                            Page 2 of 3
       C/SCA/10004/2026                                                                  ORDER DATED: 23/07/2026




          decided.



    4. For           the       redressal             of       the        petitioner's              grievance,               the
          petitioner is permitted to make a fresh representation to
          the District Registrar, Kutch, within a period of two
          weeks from today.



    5. If such a representation is made by the petitioner, the
          District Registrar, Kutch, shall consider and decide the
          same in accordance with law within a period of three
          months from the date of its receipt.



    6. With the aforesaid directions, and without entering into
          the merits of the matter, the petition stands disposed of.




                                                                                             (NIRZAR S. DESAI,J)
BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 23/07/2026 17:04:59




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