BABUBHAI BECHARBHAI MAKWANA (CHAMAR) vs THE STATE OF GUJARAT
- Court
- Gujarat High Court
C/SCA/14495/2026 JUDGMENT DATED: 26/10/2026
(GJHC240710862026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14495 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
✓
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BABUBHAI BECHARBHAI MAKWANA (CHAMAR) & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1,2,3,4,5,6
MR ADITYA DAVDA, AGP for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 26/10/2026
JUDGMENT
1. The present petition is filed under Article 226 of the
Constitution of India, 1950 by the petitioners seeking following
prayers.
A. The Hon’ble Court be pleased to issue a writ of mandamus
or a writ in the nature of mandamus, or any other appropriate writ,
direction, or order, directing the Respondent No.3 District
Registrar, Co-operative societies, to decide the representations
dated 08.07.2026, made by the petitioners, and thereby comply
with the order dated 01.07.2026 passed by the Additional Registrar
(Appeals), and thereby pass appropriate orders to induct/consider
the petitioners as members of the Respondent No.4 Society.
B. Pending hearing and final disposal of this petition, this
Hon’ble Court may be pleased to direct the Respondent No.3
District Registrar to comply with the directions issued by the
Additional Registrar (Appeals) dated 01.07.2026, annexed at
Annexure-B to this petition.
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C/SCA/14495/2026 JUDGMENT DATED: 26/10/2026
(GJHC240710862026)
C. The Hon’ble Court be pleased to grant such other and
further relief as may be deemed just and proper in the interest of
justice.
2. Heard learned advocate Mr. Dipan Desai for the petitioners
and learned AGP Mr. Aditya Davda for the respondents.
3. Rule. Learned AGP waives service of notice of Rule on
behalf of the respondents.
4. Upon request and with consent of learned advocates for the
parties, the present petition is taken up for final disposal.
5. Learned advocate for the petitioners submitted that the father
of petitioner No.1-Babubhai Becharbhai Makwana (Chamar) was
a member of respondent No.4, who expired on 15.01.2019. The
grandfather of petitioner No.2, who was also a member of
respondent No.4 society, expired and the father of petitioner No.2
expired before the death of his grandfather. It is further submitted
that petitioner No.3 who was a member of respondent No.4
society has passed away on 24.04.2021. It is, therefore, submitted
that petitioner Nos.4 to 6 are direct members of respondent No.4-
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C/SCA/14495/2026 JUDGMENT DATED: 26/10/2026
(GJHC240710862026)
society. On 20.07.2023, a representation was made to respondent
No.3-District Registrar. It is further submitted that a representation
dated 27.11.2024 was made by petitioners to respondent No.4-
society. As the representation was not decided, the petitioners
approached this Court by way of a petition, the Co-ordinate Bench
of this Court, vide order dated 29.09.2025, directed the petitioners
to avail an alternative efficacious remedy, which was assailed
before the Hon'ble Division Bench of this Court by way of Letters
Patent Appeal No.212 of 2026. The said Letters Patent Appeal also
came to be dismissed as withdrawn and thereafter, petitioners
approached learned Additional Registrar (Appeals) Co-operative
Societies, who by an order dated 01.07.2026, remanded the matter
back by quashing and setting aside the order dated 27.04.2026. It
is further submitted that after passing of the order dated
01.07.2026, petitioners made a representation to respondent No.3
on 08.07.2026. It is further submitted that till today the said
representation is kept pending and has not been decided by
respondent No.3. It is therefore, submitted that appropriate
directions be issued to respondent No.3 to decide the
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representation. Except above, no other submissions are canvassed
by learned advocate for the petitioners.
6. Per contra , learned AGP, upon instructions of Mr. Mehul
Patel, District Registrar, Mehsana i.e. the respondent No.3,
submits that the representation dated 08.07.2026 shall be decided
within a period of eight weeks from today. Except above, no other
submissions are made by learned AGP.
7. Having considered the submissions canvassed by the learned
advocates for the parties and upon the statement being made by
the learned AGP for the respondent that the representation dated
08.07.2026 submitted by petitioners be decided by respondent
No.3 within 8 weeks from today in accordance with law, the
present petition stands disposed of accordingly.
8. Petitioners are directed to give full co-operation to
respondent No.3 in getting the representation decided within time.
Direct Service, as sought for, is permitted.
(D. M. DESAI,J)
RINKU MALI
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