SCA/5538/1993 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5538 of 1993 For Approval and Signature: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= ARUN CO.OP. HOUSING SOCIETY - Petitioner(s) Versus BHARATKUMAR Y MAKWANA & 2 - Respondent(s) ========================================================= Appearance : MR SB VAKIL SR. ADVOCATE WITH MR AS VAKIL for Petitioner(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 11/11/2008 ORAL JUDGMENT (Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) SCA/5538/1993 2/2 JUDGMENT 1. In view of the decision rendered by a Division Bench of this Court in the case of Amreli District Co-operative Sale & Purchase Union Ltd., and others v. State of Gujarat, reported in 1984 (2) GLR 1244, nothing survives to be examined by this Court in this petition since provisions contained in Sections 24 (1) and (2) of the Gujarat Cooperative Societies Act, 1961 have been held to be ultra vires. 2. In view of the above decision, the petition is allowed. The order No.SKK-01-5-2/407/93 dated 5.4.1993 (Annexure-1) passed by respondent No.2 is quashed and set aside. Rule is made absolute accordingly with no order as to costs. (K.S. Radhakrishnan C.J.) (Akil Kureshi, J.) ... (karan)