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High Court of Gujarat

SHREE TRAMBO DUDH UTPADAK SAHAKARI MANDALI LTDversusTHE STATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The petition is disposed without merits, pending a fresh representation to the District Registrar.

Summary

The petitioner, Shree Trambo Dudh Utpadak Sahakari Mandali Ltd, filed a special civil application seeking a writ of mandamus and other reliefs to compel the State and its agencies to enforce a prior direction dated 04.06.2025 and to stop an unregistered cooperative from operating and supplying milk. The petition also alleged that the acceptance of milk by a government union was illegal. The court noted that the petitioner had earlier submitted a representation to the Registrar of Co-operative Societies, which had not been considered. The judge directed the petitioner to make a fresh representation to the District Registrar, Kutch, within two weeks, and ordered the registrar to decide it within three months. Without addressing the substantive merits, the court disposed of the petition, pending the outcome of the fresh representation.

Issues considered

  • The appropriateness of issuing a writ of mandamus to enforce the 04.06.2025 direction
  • The legality of the unregistered cooperative's operations and the acceptance of its milk by a government union
  • The procedural requirement of a valid representation before the court can entertain the petition

Subjects

  • mandamus
  • co-operative societies
  • representation
  • interim relief
  • jurisdiction
  • high court order
  • petition disposal

Judgment

   C/SCA/9679/2026                               ORDER DATED: 21/07/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.                  9679 of 2026

=====================================================
    SHREE TRAMBO 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
MR NIKUNJ KANARA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 21/07/2026

                                  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 04.06.2025
                (Annx C) and permanently close down the


                                 Page 1 of 3
 C/SCA/9679/2026                                    ORDER DATED: 21/07/2026




              operations of the unauthorized proposed
              (Suchit)   Nutan  Trambo   Dudh  Sahakari
              Mandali (Respondent No.5) in Nutan Trambo
              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)
              Nutan Trambo Point Sahakari Mandali i.e.
              Respondent No.5 in Trambo 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          submitted           a       representation           dated

  10.02.2026         to    the       Registrar         of   Co-operative

  Societies, Gujarat State, raising his grievance.

  However,         the    said      representation          has      neither

  been considered nor decided.




                                 Page 2 of 3
        C/SCA/9679/2026                                                          ORDER DATED: 21/07/2026




     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)


Pallavi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 17:54:39




                                                     Page 3 of 3


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