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2021 Supreme(Guj) 1144

ASHUTOSH J.SHASTRI
JAYPRAKASH GUNVANTRAI VYAS – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR CJ VIN
For The Respondent: MR TIRTHRAJ PANDYA ASSISTANT GOVERNMENT PLEADER

JUDGMENT :

1. By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the legality and validity of the impugned order dated 26.03.2010.

2. It is the case of the petitioner that the petitioner was discharging his functions as District Registrar, Co-operatives Societies (City) Ahmedabad between 29.05.1997 to 02.06.1999. During this passage of time, the Government Servant’s Co-operative Housing Society tendered a proposed amendment to the bye-laws of the Society for approval. The said application was filed on 11.08.1998. Based upon the receipt of the said application, the petitioner issued notice on 27.08.1998 for extending an opportunity of hearing and the date was given of 15.09.1998. According to the petitioner, the said application was merely for the purpose of approval and/or modification of bye-laws of the Society and as such, though notice was issued, no opportunity or bi-prate hearing was to be given in fact.

2.1. According to the petitioner, the office bearers had approached the petitioner to request the matter to be heard on 28.08.1998 instead of 15.09.1998 and with all bona fides, the petitioner acceded to the request, he

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