Mr. Somnath Bhaskar Kokate v. The Somthane Shetkari Vikas Sanstha Maryadit And ORS.

12. wp 2488-15.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2488 OF 2015 Somnath Bhaskar Kokate ..Petitioner Vs.

The Somthane Shetkari Vikas Sanstha Maryadit & ors.

..Respondents ....

Mr. R.N. gite for the petitioner.

Mr. A.B. Kadam, AGP for respondent Nos. 2 to 5. ....

CORAM : M.S.KARNIK, J.

DATE : 4th DECEMBER, 2018.

P.C. :

By this Petition filed under Article 226 and 227 of the Constitution of India, the petitioner is challenging the judgment and order dated 8th January, 2013 passed by the Hon'ble Minister for Co-operation & Cotton, Mantralaya, Mumbai in Appeal No. 932/2012.

2.

On 25th March, 2015, this Court had issued notice to the respondents. The parties were put to the notice that the Writ Petition may be heard and disposed of finally at the stage of admission. Despite service of notice none appears for the 1/2

12. wp 2488-15.doc respondent No.1. Learned AGP appears for respondent Nos. 2 to

5. It is the contention of the learned Counsel for the petitioner that the respondent No. 1 - Society could not have filed a proposal for conversion as a Primary Agricultural Credit Cooperative Society in the light of the Government Resolution dated 3/12/2011.

3.

Learned Counsel for the petitioner invited my attention to the decision of this Court in the Case of Nitin Prabhakar Bankar vs. The Saptasringi Mahila Vividh Karyakari Seva Sahkari Sanstha Maryadit in Writ Petition No. 1747 of 2013. I have gone through the judgment and order of this Court in Writ Petition No. 1747 of 2013. The issue involved in the present case is squarely covered by the decision of this Court in Writ Petition No. 1747 of 2013. 4.

As a consequence, the present Petition deserves to be allowed in terms of the prayer Clause (b). Writ Petition is allowed in terms of prayer Clause (b).

(M.S.KARNIK, J.) 2/2