Anant Rajaram Yadav And ORS v. Divisional Joint Registrar Co-Op. Soc. And ORS

912 - WPST. 32-2020 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (St.) No. 32 OF 2020 Anant Rajaram Yadav & Ors.

...

Petitioners Vs.

Divisional Joint Registrar, Co-operative Societies & Ors.

...

Respondents *** Mr. Sandeep Kocharekar, for the Petitioners.

Mr. S. D. Rayrikar, AGP for Respondent No. 1. Mr. Shantanu Raktute a/w Amar Parsekar, for Respondent No. 4 *** CORAM : C. V. BHADANG, J.

DATE : JANUARY 21, 2020 PC :

1.

By order dated 5th December, 2018, the Assistant Registrar of Co-operative Societies acting under S. 78(1) of the Maharashtra Cooperative Societies Act, 1960 has appointed an authorised officer to look after the day to day affairs of the Society, and the authorised officer has been directed to conduct election of the said Society within a period a six months. That order was challenged by the Petitioners before the Divisional Joint Registrar in Appeal No. 14 of 2019 under S. 152 of the said Act. The Divisional Joint Registrar, Co-operative Societies by order dated 5th December, 2019 has dismissed the appeal, which order is subject matter of challenge at the instance of the Petitioners before the Hon'ble Minister of State for Co-operation in a revision application. 1 / 2

912 - WPST. 32-2020 2.

Learned counsel for the Petitioners has requested for a limited relief for expediting the said revision and for grant of interim protection during pendency of the said revision application. 3.

Learned counsel points out that similar interim relief was sought before the Divisional Joint Registrar, which was refused by an order dated 21st February, 2019, which order was challenged before the Hon'ble Minister in Revision Application No. 167 of 2019 and the Hon'ble Minister by an order dated 13th August, 2019 had granted interim stay to the order passed by the Assistant Registrar, as confirmed by the appellate court during pendency of the appeal. 4.

Learned Assistant Government Pleader, on instructions, states that the pending revision application, shall be decided as expeditiously as possible and in any case within 8 weeks. In such circumstances, the interim relief granted on 13th August, 2019 (in Revision Application No. 167 of 2019) shall continue to operate during pendency of the pending revision application. The parties are directed to appear before the Hon'ble Minister on 27th January, 2020 at 3.00 p.m. 5.

Writ petition is disposed of in the aforesaid terms. Sd/- C. V. BHADANG, J.

Vinayak Halemath Vinayak P.

Halemath Vinayak P. Halemath Date: 2020.01.27 12:03:55 +0530 2 / 2