SHREE PATHAN TALUKA SAHKARI KHARID VECHAN SANGH LTD Vs. GUJARAT STATE COOPERATIVE MARKETING FEDERATION LTD AND ORS

JUDGEMENT

(1.) THE petitioner, a Cooperative Society registered under the provisions of the Gujarat Cooperative Societies Act and respondent in Revision Case No. 63 of 2011 (Lavad Case No. 155 of 2011) in Gujarat State Cooperative Tribunal, Ahmedabad has approached this Court under Article 226 of the Constitution of India challenging the order dated 26.5.2011 passed by the Gujarat State Cooperative Tribunal in Revision Case No. 63 of 2011, whereby, the Tribunal has allowed the Revision Application No. 63 of 2011 filed by respondents and quashed and set aside the order made by learned Board of Nominees on Application Exh. 6 in Lavad Case No. 155 of 2011 for the reasons stated thereunder.

(2.) THE facts in brief, as could be culled out from the memo of petition, deserve to be set out as under:

(3.) LEARNED counsel for petitioner submitted that as per the Scheme of the Control Order, Form -O is "Certificate of Source" (Clause 2(b) of the Control Order), this form is thus statutory. The person who gives the Form is obliged in law to make supplies to the person in whose favour the Form is issued and ultimately, the competent authority issues the authorization in Form A -2. The Director of the Agriculture which is the State Level Authority determines the federations in the State which are obliged to cater to the supplies in different regions of the State.