A.P.THAKER,J. - (1.) The appellant has preferred this Letters Patent Appeal under Clause 15 of the Letters Patent Appeal against the order dated 25.09.2018 passed by the learned Single Judge in Special Civil Application No.12420 of 2018, whereby, the learned Single Judge has dismissed the petition. The appellant herein is the original petitioner and respondents are the original respondents in the captioned petition.
(2.) The prayers sought for in the main Special Civil Application No.12420 of 2018 are as under:- (A) YOUR LORDSHIPS BE PLEASED to issue writ of certiorari or any other writ, direction, order in the nature of certiorari to quash and set aside the order dated 04/07/2018 passed by the Respondent No.1 in case No. skk/01/GH-2/165/2017 which is annexed at ANNEXURE A to this petition in the interest of justice. (B) YOUR LORDSHIPS BE PLEASED to issue stay the operation and implementation of the impugned order dated 04/07/2018 passed by the Respondent No.1 in case No. skk/01/GH-2/165/2017 which is annexed at ANNEXURE A to this petition pending admission, hearing and final disposal of this petition in the interest of justice. (C) BE PLEASED to pass such other and further orders as may be deemed fit in the interest of justice.
(3.) The brief facts of the case is that the appellant is a Cooperative Society registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter be referred to as "the Act"). That, the originally, tenement No.56 (hereinafter be referred to as "the property") in the society was in the name of one Mrs.Ritaben Babubhai Shah. That, she had sold the property to Mrs.Rakshaben Kiritkumar Shah vide registered sale deed dated 02.05.1995 and the said transfer was made without informing the appellant - society and without obtaining permission from the appellant - society. It is also alleged that said Mrs.Rakshaben Kiritkumar Shah had also transferred the property to Mr.Jayantilal Keshavlal Chauhan vide registered sale deed dated 30.06.2004 and that transaction was also made without informing or obtaining the permission from the society. It is also alleged that the name of Mrs.Ritaben Babubhai Shah is also reflected as member of the society and no transfer procedure has been carried out by respondents or by Mr.Jayantilal Keshavlal Chauhan. It is alleged that the father of respondent No.2 Mr.Jayantilal Keshavlal Chauhan has executed a Will on 18.07.2006 and accordingly, the said property was bequeathed to respondent No.2 and his brother Mr.Nimeshbhai Jayantilal Chauhan has in equal share in the property and respondent No.2 has also appointed as guardian of children and, thereafter, Mr.Nimeshbhai Jayantilal Chauhan has passed away on 09.09.2006 and, therefore, his share in the property is devolved on his legal heirs. 2.1 It is also alleged that respondent No.2 vide his application dated 07.08.2012 proceeded to transfer his name as member of the society and as no supporting documents were produced by respondent No.2 for entering his name as member of the society, the appellant asked him to produce resignation letter of previous member, original share certificate, Bank NOC if required, declaration letter from transferee, etc. and those documents were never produced by respondent No.2 before the appellant - society. It is alleged that while respondent No.2's application for membership was in consideration, he had requested the appellant to return transfer fees paid to him, the appellant returned the transfer fees paid to him. 2.2 It is also alleged that respondent No.2 has purchased 50% share of the property from the legal heirs of his brother. According to the appellant, respondent No.2 or Ms.Snehaben Shah had never obtained permission before transfer of the property. It is alleged that respondent No.2, without first making an application before the appellant for membership, has, directly, filed an application dated 17.07.2017 before the District Registrar. The respondent No.1 under Section 24 of the Act has exercised the appellate jurisdiction. It is alleged that the power vested with the District Registrar is a appellate power and the Appellate Authority cannot be moved, directly, without first approaching before the concerned authority. That, the District Registrar has passed the order in favour of respondent No.2, which was assailed by the appellant before this Court by filing Special Application No.12420 of 2018, which came to be dismissed by the learned Single Judge on the ground that the appellant has, alternative remedy, to file revision application before the competent authority under the provisions of the Act. 3. Being aggrieved and dissatisfied with the order of the learned Single Judge, the appellant has approached this Court. ;