The Naresh Co-Op. Hou. Soc. And ORS v. The State Of Maha. Thr. Gp And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2023.04.06 19:10:24 +0530 CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB WRIT PETITION NO. 4023 OF 2023 The Naresh Co.operative Housing Society and Ors.

....Petitioners V/s.

The State of Maharashtra and Anr.

...Respondents

---- Ms. Darshna Naval i/b Mr. Sachin Tigde for Petitioners. Ms. K.N. Solunke, AGP for Respondent Nos.1 and 2. ---- CORAM : K.R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 5th APRIL 2023 P.C. :

1.

The only relief sought in this petition is for a Writ of Mandamus or direction or order to Respondent No.2 to pass final order in Revision Application No. 397 of 2018 at the earliest. It is petitioners' case that a personal hearing was granted and heard by the Hon'ble Minister on 12th June 2018 but no orders have been passed till date. Ms. Naval submitted that in the earlier Writ Petition filed by petitioners being Writ Petition No. 6456 of 2018, this court by directing the status-quo to be maintained had also observed that notwithstanding hearing and closing the matter for orders on 12th June 2018 by the Hon'ble Minister, Co-operation, no orders have been passed.

2.

When the petition was taken up for admission in the pre lunch session, learned AGP requested the matter be stood over so that she could

2/3 take instructions on how long it would take to grant a personal hearing and pass final orders. In the post lunch session, learned AGP stated that eight weeks time be granted to give personal hearing as also pass final orders in the Revision Application.

3.

In view of the statement made by the learned AGP, we dispose the petition with following directions :

(a) The Hon'ble Minister, Co-operation shall dispose the Revision Application being Revision Application No. 397 of 2018 on or before 9th June 2023.

(b) The parties to the Revision Application shall be given a personal hearing, notice whereof shall be communicated at least five working days in advance. (c) Should any of the party wish to file written submissions, the same shall be filed within three working days of the conclusion of the personal hearing. (d) The order to be passed shall be a reasoned order dealing with all submissions of the parties. If the order is in Marathi language an English translation thereof shall also be provided alongwith the order. (e) If the order is prejudicial to the interest of petitioners no coercive steps to be taken for two weeks after the order is communicated to petitioner.

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We clarify that we have not made any observations on the merits of the matter.

5.

Writ Petition disposed accordingly (RAJESH S. PATIL, J.) (K.R. SHRIRAM, J.)