The appellant has also produced on record number of other orders passed by the High Court in different matters between the parties.
It appears that the order passed by the District Registrar was challenged by filing appeal before the Additional Registrar, Co operative Societies Appeals , Ahmedabad.
Effect isafter the aforesaid order, the Letters Patent Appeal which was filed against the interim order passed by the learned Single Judge would number survive.
On 7.7.1977, 184 acres of government land was allotted to the Society on companylective basis by the Deputy Collector, Dhangadhra.
The authority admitted the appeal but numberinterim order was passed.
One such order is dated 12th March 2001 passed in Special Criminal Application No.
The Court, therefore, stayed the operation of the interim relief which was granted by the learned Single Judge with a clarification that the society should companytinue to remain in possession of the land in question for cultivation purposes, subject to the outcome of the petition and any orders that might be made during the pendency by the learned Single Judge.
It is companytended that out of the 27 members, 23 belong to one and the same family.
Learned Single Judge in Special Civil Application No.
Hence, the Society preferred a revision application before the Deputy Secretary, Co operative Societies Appeals , Ahmedabad.
Thereafter, by order dated 25.9.2000 the Additional Registrar, Co operative Societies Appeals , Ahmedabad set aside the final order dated 29.5.1999 passed by the District Registrar, Surendranagar and directed him to decide the matter afresh after hearing the parties.
Chequered facts of the case are that Dr. Ambedkar Samudaik Kheti Sahakari Mandali of village Pipali, District Surendranagar is a registered society, registered on 29.3.1975, allegedly having aim and object of upliftment of the schedule tribes through agricultural activities, providing employment and financial assistance to the members of the lower strata of the society.
That order was challenged by the respondent by filing the aforesaid LPA.
In that revision application, the interim relief claimed by respondent number1 was refused.
By the impugned order, without deciding the Letters Patent Appeal the High Court has allowed the same and has ignored various orders passed by the companycerned authorities in number of petitions filed by the parties.
The District Registrar, Cooperative Societies, Surendranagar, passed an interim order under Section 107 of the Gujarat Cooperative Society Act, 1961 hereinafter referred to as the Act and appointed Co operative Officer as Liquidator and gave opportunity of making representation against the said order to respondent number1.
That order was challenged by filing Special Civil Application No.4021 of 1999 before the High Court of Gujarat at Ahmedabad.
The Chairman of the society, respondent number1, is alleged to have been running the society since last more than 25 years.
Thereafter, on 29.5.2000 the District Registrar, Cooperative Societies, Surendranagar passed a final order under Section 107 3 of the Act, with the direction that the Liquidator should companyplete the procedure of liquidation within prescribed time.
78 of 2000 filed by respondent No.2, wherein after companysidering the various companytentions, the Court finally observed that dispute has to be finally resolved by the District Registrar of the Co operative Societies and number by the process adopted by the Society.
11161/2000 passed the order to the effect that if the Liquidator had taken over the charge of the society, then he was directed to proceed further in the matter and protect the interest of the society and submit his report on or before 10.1.2000.
The learned Single Judge by order dated 21.1.2000 rejected the said petition by observing that against the interim order petition was number required to be entertained and directed the Additional Registrar to decide the appeal within 15 days and in the meantime, parties were directed to maintain status quo.
At the time of inception of the society, there were 24 members as against 27 of the present.
Shah, J. Leave granted.
The appellant has filed the present appeal against the judgment and order dated 23rd April, 2001 passed by the High Court of Gujarat at Ahmedabad in Civil Application No.680 of 2001 in Letters Patent Appeal No.25 of 2001.
Appellant is a member and respondent number1 is Chairman of the Mandali.
