CHAUDHARY NARSINBHAI BABABHAI Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) This Court by an extensive order dated 26.09.2019 unequivocally recorded the circumstances under which prima facie the impugned order under Section 81 of the Gujarat Co- operative Societies Act, 1961 could not have been passed.

(2.) The purpose of recording the above order dated 26.09.2019 and not granting ad-interim relief on that day was to give a chance to the State Government to respond. Paragraph no. 9 of the order specifically records that this Court was prima facie of the opinion that the ingredients of Section 81 of the Act would not seem to have been attracted. Therefore, Notice was made returnable on 03.10.2019. Thereafter, on 03.10.2019, the matter was adjourned to 16.10.2019. On 16.10.2019, this Court passed the following order: "While passing an order on 26.09.2019 and issuing notice to the respondents, direct service was taken by the petitioner. The notice of this Court has been served on the respondents on 30.09.2019. On 03.10.2019, learned Assistant Government Pleader sought time as no instructions were received. Hence, it was adjourned to today I.e. 16.10.2019. Stand over to 19.10.2019, at the request of learned Assistant Government Pleader."

(3.) Today, when the matter is taken up, again a request is made by learned Assistant Government Pleader Mr. Jayneel Parikh for time. Request is accordingly granted. Stand over to 13.11.2019. However, since this Court prima facie finds that the order impugned is without jurisdiction and sufficient time has been granted to the respondents since 26.09.2019 to respond, it appears that learned Assistant Government Pleader is still in want of instructions. Therefore, ad-interim relief in terms of para 6(B) is granted till then.