Heard Mr. Patel, learned advocate for the petitioners.
Mr.
Patel, learned advocate for the petitioners, has relied on the judgment in the case of Pravinbhai Mohanbhai Raiyani & Ors. v. State of Gujarat & Ors. [2007 (3) GLR 2606] and submitted that the show-cause notice issued by the respondent is without authority in law and contrary to the law settled by this Court vide order dated 9.5.2012 in Special Civil Application No.3424 of 2012.
However, since the petitioners have approached this Court at the show-cause notice stage, the Court is not inclined to entertain the petition at this stage.
It will be open to the petitioners to file reply to the show-cause notice.
The respondent - competent authority shall allow sufficient time to the petitioners to file appropriate reply. After reply is filed, the authority shall pass reasoned order, after affording reasonable opportunity of hearing to the petitioners.
The competent authority will, while passing the order, take into account the decision of this Court in case of of Pravinbhai Mohanbhai Raiyani & Ors. v. State of Gujarat & Ors. [2007 (3) GLR 2606] and the order dated 9.5.2012 in Special Civil Application No.3424 of 2012.
The order may be conveyed to the petitioner.
If the order is passed against the petitioners and if the competent authority directs supersession of the society, then, such order may not be implemented for a period of 10 days from the date of the order.
With the aforesaid observations, clarification and direction, present petition stands disposed of. Notice is discharged.
Direct service is permitted.
(K.M.Thaker, J.) kdc Top