Tanaji Namdev Andhale And ORS v. The State Of Maharashtra And ORS

4.WP.8825.2022.doc UMESH SHRINIWAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

UMESH SHRINIWAS MALANI Date: 2022.08.02 10:52:22 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8825 OF 2022 Tanaji Namdev Andhale & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

***  Mr. Rajendra Kamble, Advocate for the Petitioners.  Ms. K. N. Solunke, AGP, for the Respondent - State. *** CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ.

DATE : JULY 28, 2022.

P. C. :

1.

Though the petitioner has placed on record voluminous documents. The principal prayer in the petition is prayer clause (b)(ii) and the same read thus :

"(ii) Mandatory order be issued requiring the Respondent No. 5 to prepare and finalize the voters list after the adjudication of members' list and insertion of their names in I and J Register of the Society; after adjudication of pending application made under Section 22(2) of the Maharashtra Co-operative Societies Act, 1960 before the Respondent No. 9 Joint Registrar, CIDCO, CBD, Belapur." 2.

Perusal of the documents placed on record further reveals that out of as many as 32 petitioners, only Petitioner No. 2 - Vikas Katkar submitted an application to the Joint Registrar, Co-operative Societies Shrikant

4.WP.8825.2022.doc (CIDCO), Raigad Bhavan, CBD Belapur under section 22(2) of Maharashtra Co-operative Societies Act, 1960 on 03rd August, 2021. On page nos. 620 to 631 are only copies of Index without there being any independent applications filed by these persons whose names are referred in the title clause of these documents. Be that it may.

3.

As the petitioner prayed for adjudication of the application and as learned AGP submitted that the concerned authority would decide the application, we deem it appropriate to dispose of the writ petition with direction to Respondent No. 9 - Joint Registrar, Co-operative Societies (CIDCO), Raigad Bhavan, CBD Belapur. The Respondent No. 9 should decide the application filed by the petitioner as early as possible and not later than four (04) weeks from the date of receipt of the order of this Court.

4.

All concerned shall act upon a copy of this order which is duly authenticated by the Registry of this Court.

(KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.) Shrikant