HIRABHAI VASHRAMBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri Haribhai Vashrambhai Desai, promoter of Peplu Gopalak Vividh Karyakari Sahakari Mandali LIMITED has filed the present petition to challenge the order passed by the respondent No. 2 granting registration for the respondent No. 4 co-operative society as well as the orders passed by the respondent No. 3 and respondent No. 1 who have rejected the Appeal and Revision Application preferred by the present petitioner against the order of the respondent No. 2, passed on 1-1- 1997.

(2.) . The present petitioner had applied on 26-12-1995 to get a registration as a Vividh Karyakari Sahakari Mandali LIMITED for village Peplu under the provisions of the Gujarat Co-operative Societies Act, 1961. It seems that after that date, the respondent No. 4 had applied through its promoter Shri Ishwarbhai Pirabhai Desai for getting similar registration under Gujarat Co-operative Societies Act, 1961. It is not quite clear from the material on record as to what is the exact date of the application given by the respondent No. 4. But it is also not disputed that the application of the respondent No. 4 was after the application of the petitioner.

(3.) After getting the said application, the respondent No. 2 processed both the applications and he came to the conclusion that the registration should be granted to the respondent No. 4 and he took that decision and informed the present petitioner by his letter dated 1-1-1997 about rejection of their application and granting of the application of respondent No. 4. While informing the present petitioner by the letter dated 1-1-1997 at Annexure "D", it has been mentioned therein that in view of the provisions of the Gujarat Co-operative Societies Act, there could be only one cooperative society in a village and on that ground their application has been rejected by him. The present petitioner had challenged the said order passed by the respondent No. 2 by preferring an appeal and the said appeal bearing No. 19 of 1997 has been rejected on 1st April, 1997 by confirming the order passed by the respondent No. 2 of granting licence to the respondent No. 4. Against the said decision, the present petitioner had preferred a Revision Application before the State Government under the provisions of S.155 of the said Act and the said Revision Application has been rejected by the order dated 26-6-1997 and hence the petitioner has come before this Court.