JUDGMENT

1. Rule returnable forthwith. Mr. Nikunj Kanara, learned Assistant Government Pleader waives service of notice of Rule for and on behalf of the respondent-State.

2. By way of present petition under Article 226 of the Constitution of India read with the provisions of the Gujarat Co-operative Societies Act, 1961 (hereinafter be referred to as “the Act”), petitioner has prayed for the following reliefs :

(A) YOUR LORDSHIPS may be pleased to admit and allow this petition.

(B) YOUR LORDSHIPS may be pleased to issue writ of mandamus or writ in the nature of certiorari and thereby pleased to direct the the respondent authorities to comply with the order dated 03.02.2026 passed by respondent no.1 (Ann-E) herein and also pleased to direct the respondent no.2 to give the membership of society to the petitioner herein.

(C) YOUR LORDSHIPS may be pleased to direct the respondent no.1 to decide the application 20.02.2026 (Ann-F) made by the petitioner to the respondent no.1.

(D) YOUR LORDSHIPS may be pleased to direct the respondent no.1 to produce the action taken report before this Hon’ble Court for the for the compliance of the order dated 03.02.2026 passed by respondent no.1 (Ann-E) and thereby, pleased to direct the respondent no.2 to give membership to the petitioner.

(E) YOUR LORDSHIPS may be pleased to pass to any other and further orders that may be deemed fit and proper by the Hon’ble Court in the interest of justice.”

3. Brief facts giving rise to the present petition are that, petitioner is agriculturist and doing business of animal husbandry and also filling milk with respondent No.2 and he approached respondent Nо.2 for admission of membership of society as he is fulfilling all the criteria but, his admission membership was of refused by respondent no.2. That, the petitioner approached respondent no.1 by representation dated 17.07.2025 and requested to consider his request for the admission of membership of Society as he is fulfilling all the criteria prescribed in bye-laws as per Section 24 of the Act. That, considering the fact that petitioner had filled 1012.04 Liter milk with the respondent No.2-Society and considering the provisions of Section 24 of the Act, the respondent No. 1 passed the order thereby, directing the respondent No.2 to admit the petitioner as primary member of the society 2025 and also directed to make report. Though sufÏcient time was passed but, the respondent No.2 had not followed the order passed by respondent No.1 and therefore, petitioner approached respondent No.1 by way of written application and requested to take actions for non-compliance of the order passed by respondent No.1 and also requested to direct respondent No.2 for compliance of the order dated 03.02.2026 passed by respondent No.1.

4. Being aggrieved and dissatisfied with the inaction on the part of the respondent authorities, petitioner has preferred this petition.

5. Heard Mr. Dipen Chauhari, learned counsel appearing for the petitioner and Mr. Nikunj Kanara, learned Assistant Government Pleader appearing for the respondent-State.

6. Learned counsel Mr. Chaudhari has submitted that inaction on the part of the respondent authorities is completely illegal, unconstitutional, improper, unjust and unreasonable and also in gross violation of the statutory provisions of the Act. He has submitted that the petitioner herein is fulfilling the criteria prescribed in Section 24 of the Act and as per bye-laws of society, petitioner is also filling milk more than 700 Liter per year but, keeping grievance of applications made by the petitioner against the society, the respondent No.2 is not giving membership to the petitioner. He has submitted that though the respondent No.1 has passed the order dated 03.02.2026 directing the respondent No.2 to give the primary membership to the petitioner following the provisions of section 24 of Act as well as Rule 12 (1) of Gujarat Co-operative Societies Rules, however, the respondent No.2 is not