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2022 Supreme(Guj) 159

BHARGAV D.KARIA
Boriyavi Milk Producers Co-Operative Mandali Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Pankaj S. Chaudhary, Advocate.
For the Respondents:Dhawan Jayswal, AGP and Dipen Desai, Advocates.

JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned advocate Mr. Pankaj Chaudhary for the petitioner, learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State and learned advocate Mr. Dipen Desai for respondent No.5 through video conference.

2. By this petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 29.07.2017 passed by the Deputy Secretary (Appeal), Co-operation, Agriculture, Farmer and Co-operation Department in Revision Application No. 35 of 2016 whereby, the order dated 24.02.2016 passed by the respondent No. 2, Additional Registrar Co-operative Department (Appeal) in Appeal No. 32 of 15 and order dated 02.02.2015 of the District Registrar granting registration to respondent No. 5-society are upheld.

3. The petitioner society is registered under the Gujarat Co-operative Societies Act, 1961 (For short 'the Act, 1961') for the benefit of its members, residents of the Boriyavi village since 1963.

3.1. The petitioner society collects the milk from its members and sales the same to the District Milk Union.

3.2. It is the case of the petitioner that the family members of the respondent No

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