Gujarat High Court
Judgename :D.G.Karia
MAHASUKHLAL NANDLAL DOSHI - Appellant
Versus
STATE - Respondent
S.C.A.2467 of 1984
Decided On : 05/25/1993
Special Civil Application - Gujarat Cooperative Societies Act, 1961 - Land case - Petitioners, without raising any amount of loan from any Bank, contributed for the consideration of purchase of the land - Each of the petitioners held the share certificate in respect of the housing society - Held, There is also breach of the statutory provisions of Sec. 107 (3) of the said Act of 1961, inasmuch as the Registrar has to give an opportunity to the petitioner societies of being heard before making a final order vacating or confirming the interim order - Petitions are required to be allowed on these two grounds and as such it is not necessary to deal with the contention to the effect that the impugned orders were passed by the assistant District Registrar who was not the competent authority to pass the orders - In any view of the matter, the impugned orders as to winding up of the petitioner-societies are required to be quashed and are hereby quashed - Consequential orders of canceling the registration of the societies thus become a nullity - Petition allowed.
( 1 ) BOTH the above writ petitions involve common and identical questions of facts and law and as such they are heard together and are being disposed of by this common judgment. Special Civil Application No. 2467 of 1984
( 2 ) THE petitioners of this writ petition were the original and the only members of the Shanti-sadan Co-operative Housing Society Limited, which was duly registered under the provisions of the Gujarat Cooperative Societies act, 1961. The petitioners purchased the land bearing Survey No. 1805 admeasuring 5 Acres and 17 Gunthas, situated at Surendranagar, for the purpose of constructing the residential blocks for Rs. 12,000. 00 by a registered sale deed in the name of the said society on 31/05/1961. The petitioners, without raising any amount of loan from any Bank, contributed for the consideration of purchase of the land. Each of the petitioners held the share certificate in respect of the housing society. The said land was an agricultural land before it was purchased by the petitioners and thereafter it was converted into non-agricultural purpose. The same land was transferred in the name of the society and the entry to that effect was recorded in the relevant register maintained in the office of the assistant District Registrar, Co-operative Societies, Surendranagar, respondent no. 3 herein. It is the case of the petitioners that the land revenue as well as the educational cess in respect of the land of the society was paid regularly from time to time to the concerned authorities.
( 3 ) THE said land, being at the extreme far from the then developing town of Surendranagar, could not be developed for a considerable time for the reasons that no water facilities nor electricity nor road facilities were available in the nearby or surrounding area of the land of the society. According to the petitioners, the primary necessities of the livelihood were even not available in the nearby area of the society and as such it took time for its development.
( 4 ) BY order dated 23/10/1972, the third respondent issued interim order of liquidation of the Shanti-sadan Co-operative Housing society Limited on the ground that the working of the society had not commenced, in view of the provisions of Sec. 107 (l) (c) of the Gujarat co operative Housing Societies Act, 1961 (hereinafter referred to as the "said Act of 1961" ). The third respondent also appointed the Liquidator in charge of the said society. It is the case of the petitioners that the petitioners submitted applications to the respondents Nos. 2 and 3 as well as to the Liquidator of the said society on 7-11-1975, 27-1-1976, (1) Spl. Civil Appli. No. 2336 of 1979 decided on 26/27/28-12-1979 by guj. High Court. 8-5-1976 and also on 26-5-1976 with a request that the said society be revived in the interest of the members of the petitioners and to hand over the charge and the record of the said society to the petitioner-members. It is not in dispute that the Liquidator had never called any meeting of the members of the said society at any point of time. In the case of the petitioners, the Liquidator could not approve the lay-out plan of the society on account of non-finalisation of the Town Planning Scheme that was introduced in the city of Surendranagar and as such the Liquidator could not execute the registered deeds in favour of the members of the society in respect of their respective plots. The thud respondent by his order dated 30/06/1981, passed the order under Sec. 20 of the said Act of 1961, cancelling the registration of the society. The petitioners have challenged the validity and legality of the said order dated 30/06/1981 at Annexure "a" to the petition. The petitioners have also sought the appropriate writ or direction directing the third respondent to reconstruct the petitioner-society under Sec. 19 of the said Act of 1961. Special Civil Application No. 2577 of 1983
( 5 ) THE petitioners of this Special Civil Application purchased the land bearing S
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