RAMESHBHAI SOMABHAI GAMITversusSTATE OF GUJARAT

      C/SCA/13797/2025                                 ORDER DATED: 01/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 13797 of 2025

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               RAMESHBHAI SOMABHAI GAMIT & ORS.
                               Versus
                    STATE OF GUJARAT & ORS.
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Appearance:
MR BAIJU JOSHI(1207) for the Petitioner(s) No. 1
MR. DHRUV D CHALIYAWALA(14081) for the Petitioner(s) No.
1,2,3,4,5,6,7
MR NIKUNJ KANARA AGP for the Respondents
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     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                Date : 01/04/2026

                                     ORDER


1.      Present petition is 7led by the petitioners under Articles 226
and 227 of the Constitution of India and under the provisions of the
Gujarat Cooperative Societies Act (for short “the Act”) and Rules for
quashing and setting aside the original order dated 10.06.2024
passed by the District Registrar, as con7rmed by the Additional
Registrar (Appeals) and further con7rmed by the Deputy Secretary
(Appeals),       Agriculture,    Welfare    and    Cooperation     Department,
Gandhinagar.


2.      It is contended that the petitioners are elected committee of
Shri Bhadbhunja Dudh Utpadak Sahakari Mandali Limited situated at
Village: Bhadbhunja, Taluka: Uchhal, District : Tapi. That the District
Registrar (respondent No.4) issued notice under Section 81 of the Act



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     C/SCA/13797/2025                             ORDER DATED: 01/04/2026




7xing hearing on 24.05.2024 and the petitioners sought adjournment
to engage an advocate and thereafter the petitioners have 7led an
application inter alia contending the fraud committed by the
Secretary to which the Secretary 7led reply to the allegations. It is
also contended that the petitioners sought for appropriate action
against the Secretary and several employees of the society have 7led
aEdavits. That without supplying relevant documents referred in the
notice and without giving suEcient time, the District Registrar passed
an order on 10.06.2024 under Section 81 of the Act not only on the
basis of an independent inquiry or investigation but on the report
submitted by respondent No.5, which was never supplied to the
petitioners. It is contended that subsequently thereafter,                  on
06.01.2025, the District Registrar suspended the Secretary and
administrator continued to pay the Secretary full salary during the
suspension and being aggrieved, the petitioners preferred Appeal No.
33/2024 before the Additional Registrar (Appeals) along with the
interim injunction application and initially the interim injunction was
granted and, thereafter, the same came to be dismissed. It is further
contended that against the said dismissal order, the petitioners have
preferred Revision Application No.49/2024          before the Deputy
Secretary (Appeals), which was rejected and against the rejection, the
petitioners have approached this Court.        It is contended that the
impugned order resulted into severe consequences which cannot be
imposed without strict compliance of statutory procedure and
hearing. The present petition is 7led on the grounds that the
impugned order was passed without jurisdiction and the same is
illegal, unjust and arbitrary.


3.     Heard learned counsel for the petitioners and learned Assistant
Government Pleader for the respondents – Authorities. Perused the

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     C/SCA/13797/2025                         ORDER DATED: 01/04/2026




material placed on record.


4.     Learned Assistant Government Pleader, on instruction, has
submitted that within two months, the appeal which was pending
before the Additional Registrar (Appeals) is decided and, therefore,
the Court may pass appropriate orders.


5.     This Court has considered the facts and circumstances of the
case and the submissions made by learned counsel for both the sides
and the averments made in the petition and perused the impugned
order. It is the contention on the part of the petitioners that they
petitioners the elected members of Shri Bhadbhunja Dudh Utpadak
Sahakari Mandali Limited, who have been illegally removed and
respondent No.5 has been appointed as administrator and then
petitioners had 7led application against the Secretary and the
Registrar has passed an order suspending the Secretary and the
Administrator continued to pay him full salary during suspension,
against which the petitioners have preferred Appeal No. 33/2024
before the Additional Registrar (Appeals) with interim injunction
application and the interim injunction was granted and later on the
same was dismissed. Thereafter, the petitioners have preferred
Revision Application No. 49/2024 before the Deputy Secretary
(Appeals), which came to be rejected and being aggrieved, the
petitioners have approached this Court.


6.     Considering the factual aspects that the petitioners have
challenged the impugned order by 7ling Appeal No. 33/2024, which is
at present pending for decision, the respondent – authority may
decide an appeal in accordance with law.



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         C/SCA/13797/2025                                                                 ORDER DATED: 01/04/2026




 7.         In view of the above, the petition stands disposed of with a
 directed to the Additional Registrar (Appeals) to decide Appeal No.
 33/2024 as early as possible preferably within a period of two months
 from the date of receipt of the copy of the writ of this order, after
 giving proper opportunity to the petitioners as well as all concerns
 and after considering the averments / contentions of the petitioners in
 accordance with law and on merits.

                                                                       (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/04/2026 10:43:16




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