JAYESHBHAI NATVARBHAI PATELversusTHE STATE OF GUJARAT

     C/SCA/4644/2026                                  JUDGMENT DATED: 13/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4644 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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            Approved for Reporting                   Yes          No

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                       JAYESHBHAI NATVARBHAI PATEL & ORS.
                                     Versus
                          THE STATE OF GUJARAT & ORS.
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Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No.
1,10,11,12,13,2,3,4,5,6,7,8,9
MR ANGESH PANCHAL AGP for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                 Date : 13/04/2026

                                   JUDGMENT


1.      RULE returnable forthwith. Mr. Angesh Panchal, learned
counsel for the respondents waives service of notice of rule on
behalf of the respondents. With the consent of the learned
counsel for the respective parties, the present petition is taken
up for final hearing today.


2.      Present petition is filed by the petitioner under Articles 14,
19 and 226 of the Constitution of India read with the provisions
of the Gujarat Co-operative Societies Act, 1961 and Rules
seeking reliefs:


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     C/SCA/4644/2026                            JUDGMENT DATED: 13/04/2026




        “A. The Hon'ble Court be pleased to issue a writ of mandamus
        or a writ in the nature of mandamus or any other appropriate
        writ, direction or order directing the respondent No.1 - Deputy
        Secretary (Appeals) to hear and decide the Revision Application
        No. 4 of 2026 within stipulated short time as may be directed
        by this Hon'ble Court but preferably within a period of 15 days
        from the date of order that may be passed by this Hon'ble
        Court.


        B. Pending hearing and final disposal of this petition, the
        Hon'ble Court be pleased to direct the respondent No. 1 -
        Deputy Secretary (Appeals) to prepone the date of hearing of
        the revision application of 4 of 2026


        C. The Hon'ble Court be pleased to grant such other and further
        relief as may be deemed just and proper in the interest of
        justice.”



3.      Brief facts giving rise to the present petition are that, the
petitioners seek direction upon the respondent no.1 to decide
the Revision Application No.4 of 2026 filed by the petitioners
within such stipulated short time, preferably within a period of 15
days. That, though the petitioners have filed applications before
the Revision Authority for deciding the revision application at the
earliest, the said applications have not been considered and the
date of revision application has not been preponed.


4.      Heard Mr. Dipan Desai, learned counsel for the petitioners
and Mr. Angesh Panchal, learned AGP for the respondents.


5.      I have heard the learned counsel appearing for the


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     C/SCA/4644/2026                         JUDGMENT DATED: 13/04/2026




respective parties and perused the material placed on record. I
have also considered the orders and judgments passed by the
concerned Authorities. It appears that the petitioners were
earlier elected as members of the Managing Committee of the
Cooperative Society but the Committee was superseded and an
Administrator was appointed to manage the affairs of the
society. The petitioners have preferred the present petition
seeking directions to respondent - Deputy Secretary (Appeals)
for deciding the Revision Application No. 4 of 2026 which
challenges the action of the respondent – District Registrar in
superseding the elected Managing Committee of the society and
appointing an Administrator. It is a contention on the part of the
petitioners that the said revision be decided within a short
period. Mr. Panchal, learned AGP is unable to provide an exact
date for the hearing and has submitted that respondent - Deputy
Secretary (Appeals) shall decide the revision within outer limit of
three months.


6.      Considering the facts and circumstances of the case and
the submissions made by the learned counsel for the respective
parties and averments made in the petition, the matter is partly
allowed.


7.      In the result, the petition is hereby partly allowed with a
direction to respondent no. 1 - Deputy Secretary (Appeals) to
decide the Revision Application No. 4 of 2026 preferred by the
petitioners within outer limit of three months from the date of
receipt of the order. The respondent no. 1 - Deputy Secretary
(Appeals) shall decide the same in accordance with law, after

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        C/SCA/4644/2026                                                   JUDGMENT DATED: 13/04/2026




  giving proper opportunity of hearing to the petitioners. Rule is
  made absolute to the aforesaid extent. Direct service is
  permitted.


                                                                (HEMANT M. PRACHCHHAK,J)
  ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 21/04/2026 17:37:49




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