KS JHAVERI

1. We have heard Mr. B.B. Naik, learned Senior Counsel appearing with Mr. P.S. Champaneri for the appellant and Mr. P.K. Jani, learned Additional Advocate General appearing with Mr. Rohan Yagnik, learned AGP appearing for the respondent – State. With the consent of the parties, the matter is taken up for final hearing today.

2. This intra-court Letters Patent Appeal has been filed challenging the order dated 02.02.2015 passed by the learned Single Judge in Special Civil Application No. 2063 of 2015 whereby the learned Single Judge dismissed the writ petition.

3. The facts in brief leading to the filing of the writ petition before the learned Single Judge and this appeal are stated as under:

3.1 The appellant who is presently Chairman of the Mehsana District Cooperative Milk Producers' Union Limited (hereinafter referred to as ‘the Union’) and also the Chairman of the Gujarat Cooperative Milk Marketing Federation (hereinafter referred to as ‘the Federation’) had by way of the writ petition challenged the show cause notice dated 12.01.2015 issued by respondent no.2 under section 76B(1)(2) of the Gujarat Cooperative Societies Act, 1961 ('the Act' for short).

3.2 On