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Bombay High CourtWP/3739/2021disposed off

Chaganlal Yadav Through Poa Mr. Pradip Yadav And ANR v. State Of Maharashtra Through The Divisioanl Joint Registrar, Co-Operative Societies And ORS

2022-03-25Hon'Ble Shri Justice A.S. Gadkari2 pages

AGP 43.WP.3739.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by AARTI G PALKAR Date:

2022.03.30 15:25:41 +0530 AARTI G PALKAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3739 OF 2021 Chaganlal Yadav & Anr.

.... Petitioners

Versus

The State of Maharashtra & Ors.

.... Respondents Dr. Uday P. Warunjikar for the Petitioners.

Mr. P.P. Pujari, AGP for the Respondent-State. Mr. Dipen Furia i/b.M/s.Shah & Furia Associates for Respondent Nos.3 to 6 & 8.

CORAM : A.S. GADKARI, J.

DATE : 25th MARCH, 2022 P.C. :

By the impugned Order dated 31st December, 2020 passed in Revision Application No.394/2019, Respondent No.1 after setting aside the Order dated 13.08.2019 passed by Respondent No.2 in Case No.1439/2019 has remanded the said case to Respondent No.2 for its consideration a fresh in view of the observations made by Respondent No.1 in that behalf.

2.

After considering the fact that, by the impugned Order, Respondent No.1 has simply remanded the case back to Respondent No.2 for its consideration a fresh, this Court was not inclined to interfere with the said Order.

AGP 43.WP.3739.2021.doc 3.

In view thereof, Dr.Warunjikar, learned counsel for the Petitioners seeks leave to withdraw the present Revision Application with liberty to appear before Respondent No.2 in Case No.394/2019 u/s.75(5) of the M.C.S.Act, 1960.

Leave and liberty granted.

4.

Dr. Warunjikar submitted that, after remand of the matter before Respondent No.2 till date the enquiry has not progressed and Respondent No.2 has not proceeded with the same.

5.

As the original impugned Order is of the year August 2019, Respondent No.2 i.e. the Dy. Registrar of Co-operative Societies, R&N Ward, Mumbai is directed to conclude the said enquiry within a period of six weeks from the date of receipt of the present order and without seeking further extension in that behalf.

6.

The Petitioners are directed to produce a copy of the present Order before Respondent No.2.

7.

Petition is disposed of in the aforesaid terms. (A.S. GADKARI, J.)