1. RULE. Mr. Rakesh Patel, learned AGP waives service of Rule for respondent Nos.1 to 3 and Mr.
J.M. Barot, learned advocate waives service of Rule for respondent No.4.
2. With consent of learned advocates appearing for the parties, the petition is taken up for final hearing today.
3. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have, inter-alia, challenged the order dated 01.10.2011 passed by respondent No.2 in Revision Application No.149 of 2011, whereby the said authority confirmed the order passed by respondent No.3–District Registrar, Mehsana dated 05.07.2011.
4. Initially, this Court had issued notice and the respondents have appeared. Heard Mr. Pushpadatta Vyas, learned advocate for the petitioners, Mr. Rakesh Patel, learned AGP for respondent Nos.1 to 3 and Mr. J.M. Barot, learned advocate for respondent No.4.
5. Considering the order under challenge, it appears that an alternative remedy by way of filing the appropriate proceedings under Section 155 of the Gujarat Cooperative Societies Act, 1961 is available to the petitioners. Considering the fact that an alternative remedy is available, this Court is not inclined to exercise its jurisdiction under Articles 226 and 227 of the Constitution of India.
6. However, considering the submissions made by Mr. Vyas, learned advocate for the petitioners and more
(A) The petitioners shall file appropriate proceedings under Section 155 of the Gujarat Cooperative Societies Act, 1961 before the concerned authority on or before 20.01.2012.
(B) If the petitioners file any application for interim order/direction, such an application shall be dealt with by the concerned authority as expeditiously as possible.
(C) The petitioners shall also serve advance copy of the said application upon respondent No.4 by RPAD.
(D) The concerned authority shall hear and dispose of the proceedings that may be initiated, as indicated above, by the petitioners as expeditiously as possible, latest by 30.04.2012.
7. However, it is made clear that the petition is neither dealt with nor examined by this Court on merits and the petitioners are relegated to the alternative remedy as available under Section 155 of the Gujarat Cooperative Societies Act, 1961 and therefore, the authority shall decide the same on its own merits without being influenced by this order in any manner whatsoever.
8. With these observations, the petition is disposed of. Rule is made absolute to the aforesaid extent only with no order as to costs.
mrpandya [R.M.CHHAYA, J.]