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2026 DAILYLAW 2270 (GUJ)

NILPAR DUDH UTPADAK SAHAKARI MANDALI LTD v. THE STATE OF GUJARAT

SCA/10004/2026 · 2026-07-23

Nirzar S Desai

Transfer Petitionbody2026

Judgment text

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C/SCA/10004/2026 ORDER DATED: 23/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10004 of 2026 ========================================================== NILPAR DUDH UTPADAK SAHAKARI MANDALI LTD Versus THE STATE OF GUJARAT & ORS. ========================================================== Appearance: MR AMIT P SOLIYA(10780) for the Petitioner(s) No. 1 MR.AAKASH K MODH(9791) for the Petitioner(s) No. 1 NIKUNJ KANARA AGP for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 23/07/2026 ORDER 1. Heard learned advocate Mr. Amit Soliya appearing for the petitioner. 2. By way of this petition, the 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 a writ of mandamus, or any other appropriate writ, order, or direction, directing Respondent No.2, Respondent No.3, and Respondent No.4 to immediately implement the direction dated 16.03.2026 (Annx D) and 20.04.2026 (Annx E) and permanently close down the operations of the C/SCA/10004/2026 ORDER DATED: 23/07/2026 unauthorized proposed (Suchit) Shiv Dudh Utpadak Sahakari Mandali (Respondent No.5) in Nilpst Village, Taluka Rapar in the interest of justice; C. Your Lordships may be pleased to hold and declare that the action of Respondent No.4 in accepting milk from the unregistered Respondent No.5 is completely illegal, unauthorized, and in direct violation of the policy mandate dated 04.06.2025 (Annx C) issued by the Co-operative Department; D. Pending the final hearing and disposal of this petition, Your Lordships may be pleased to pass an interim order restraining Respondent No.4 Union from accepting any milk from proposed (Suchit) Shiv Dudh Utpadak Sahakari Mandali i.e. Respondent No.5 in Nilpar village in the interest of justice; E. Your Lordships may be pleased to grant such other and further relief and/or order in the interest of justice in favor of the petitioner.” 3. The record indicates that the petitioner has already made a fresh representation to the Registrar of Co-operative Societies, Gujarat State, raising his grievance. However, the said representation has neither been considered nor C/SCA/10004/2026 ORDER DATED: 23/07/2026 decided. 4. For the redressal of the petitioner's grievance, the petitioner is permitted to make a fresh representation to the District Registrar, Kutch, within a period of two weeks from today. 5. If such a representation is made by the petitioner, the District Registrar, Kutch, shall consider and decide the same in accordance with law within a period of three months from the date of its receipt. 6. With the aforesaid directions, and without entering into the merits of the matter, the petition stands disposed of. (NIRZAR S. DESAI,J) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 23/07/2026 17:04:59