SATYANARAYAN B SHARMA Vs. A L DINEU

JUDGEMENT

(1.) Special Civil Application No. 4653 of 2003 is filed under Article 227 of the Constitution of India challenging the order dtd.01.04.2003 passed by the Gujarat State Cooperative Tribunal, Ahmedabad in Revision Application No. 94/2003 reversing the order passed by the Board of Nominees Court, Ahmedabad below an application Exh. 6 in Lavad Case No. 1979/2002 on 20.08.2002.

(2.) Special Civil Application No. 5964/2003 is filed under Article 226 of the Constitution of India seeking prayer for quashing and setting aside the action of the respondent Bharat Sanchar Nigam Limited (B.S.N.L.) and respondent No.3 of attempting to install a telephone exchange in the residential society contrary to law based on the order alleged to have been obtained by misrepresentation and bogus documents. The petitioner has also prayed for the direction to the District Registrar (Rural) of the Cooperative Societies to produce the copies of the Audit Reports, remarks, records pertaining to the office bearers of the society, which were available on his record and to state as to what action was taken or proposed to be taken against the disqualified defaulter office bearers for usurping the offices of the Society.

(3.) As far as Special Civil Application No. 4653/2003 is concerned, the petitioners who are the original plaintiffs have filed Lavad Suit No. 1979/2002 before the Board of Nominees Court, Ahmedabad against the respondent No.1 and the respondent No.2 in the present petition i.e. Shri A.K. Dubey and Vedmata Cooperative Housing Society Ltd. respectively. Though B.S.N.L. has not been joined as defendent in the Lavad Suit, relief was prayed for against B.S.N.L. The petitioners have prayed for in the said suit that the present respondent No.1 i.e. Mr. A.K. Dubey has given his tenament on lease to B.S.N.L. for installing telephone exchange and thereby the said tenament was given for non-residential purposes. The present petitioners being the owners of Tenement No.413, 414 and 415 have therefore prayed stay against making use of the tenament of the respondent No.1 for any commercial purpose. The Board of Nominees has granted stay vide its order dtd. 20.08.2002 and also passed an order to seal the said premises. Being aggrieved by the said order of the Board of Nominees Court, the present respondent No.1 has filed Revision Application No. 94/2003 before the Gujarat State Cooperative Tribunal, Ahmedabad and vide its order dtd. 01.04.2003, the Tribunal has allowed the said Revision Application and cancelled the order passed by the Board of Nominees Court, Ahmedabad below an application Exh.6 in Arbitration Suit No. 1979/2002 and also ordered to remove the seal on the premises given to B.S.N.L. for installing telephone exchange.