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2018 Supreme(Guj) 674

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. SUBHASH REDDY, VIPUL M. PANCHOLI, JJ.
Vipulbhai M. Chaudhary - Appellant
Versus
State Of Gujarat - Respondent
Letters Patent Appeal No. 779 of 2017 and Special Civil Application No. 1577 of 2017 and Civil Application No. 1 of 2017
Decided On : 10-05-2018

Advocates Appeared:
C.P Champaneri, K.M Antani, Mihir Thakore, P.K Jani, Advocates.

Headnote:Constitution of India, 1950 - Art. 226 - Gujarat Co-operative Societies Act, 1961 (10 of 1962) - Sec. 93 - This petition is filed for recovery of loss caused to society by person in management - as per facts of this case two loss was occurred in two events first was of worth Rs. 22 crores occurred due to free supply of cattle feed to State of Maharashtra and second worth over Rs. 17 crores on purchasing sugar on rate higher than market price - court while dismissing this petition held that no interference of court is required at this notice stage.

JUDGMENT & ORDER :

VIPUL M. PANCHOLI, J.

1. This appeal is filed under Clause-15 of the Letters Patent against the oral judgment dated 26.04.2017 rendered by the learned Single Judge in Special Civil Application No.1577 of 2017 by which the learned Single Judge has dismissed the petition.

2. The brief facts leading to the filing of the present appeal are as under:

2.1 It is the case of the petitioner that he came to be elected as Chairman in the elections of Mehsana District Co-operative Milk Producers Union Limited (hereinafter referred to as "the Union") in the year 2008. During the period between 2008 to 2011, he discharged his duties diligently. Thereafter, again he came to be elected as Chairman of the Union in the year 2011. However, from 2013 onwards because of the political pressure of the party in power, the State machinery initiated various proceedings against the petitioner and other committee members of the Union by issuing notices under various provisions of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as "the Act" for short) . The petitioner has referred various litigations filed by him and/or by the committee members of the Union against the respondent State Government in the memo of the petition. Relying upon the said proceedings, it is alleged that the respondent authorities have initiated the proceedings in colourable exercise of powers.

2.2 It is further the case of the petitioner that when he was acting as a Chairman of the Union in the year 2013, a request was made by the Mahanand Dairy, Maharashtra to supply the cattle feed to the drought affected areas of Maharashtra. The Members of the Managing Committee of the Union passed the resolution in the meeting dated 29.04.2013 to supply the cattle feed. Accordingly, the same was supplied to the concerned dairy, which was received by the cattle camps in Maharashtra. However, there was non-payment of the said supply which was in the form of relief. It is stated that the respondent authorities considered it a loss to the society and initiated various proceedings for the same. Respondent No.2 directed the District Registrar to file a criminal complaint for the said loss caused to the Union and, therefore, the FIR being C.R. No.I-18 of 2014 came to be registered against the petitioner. The petitioner, therefore, has filed an application under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) , before this Court for quashing and setting aside the said FIR. It is further stated that the District Registrar has filed another complaint being C.R. No.I-214 of 2015 with regard to the purchase of the sugar, against which, the petitioner has also filed Criminal Misc. Application No.20342 of 2015 under Section 482 of the Code for quashing of the said FIR. It is stated that yet another FIR being C.R. No.I-263 of 2015 is filed against the petitioner in connection with the loss of stock in the Jagudan cattle feed plant. The petitioner, therefore, filed Special Criminal Application No.6597 of 2015 for quashing of the said FIR. It is stated that in the aforesaid proceedings filed before this Court, this Court has granted protection to the petitioner.

2.3 It is the grievance of the petitioner that for the same issue, for which criminal proceedings are initiated against the petitioner, respondent No.3 has initiated the proceedings under Section 93 of the Act by issuing the impugned Show-cause Notice dated 13.06.2016 and by the impugned order dated 13.01.2017. The petitioner has, therefore, filed the captioned petition in which the petitioner has prayed for the following reliefs:

"(A) That this Hon'ble Court will be pleased to admit and allow the petition;

(B) That this Hon'ble Court will be pleased to issue appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction and be pleased to quash and set aside impugned order dated 13.01.2017 at Annexure-A.

(C) That this Hon'ble Court will be plea









































































































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