Vasanti Vasant Barad And ANR v. The State Of Maharashtra Through The Dept. Of Cooperation And ORS

907-wp2178-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2178 OF 2024 Vasanti Vasant Barad & Anr.

... Petitioners V/s.

The State of Maharashtra, through the Department of Cooperation & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2024.02.21 14:37:11 +0530 Mr. S.S. Panchpor for the petitioners.

Mr. H.D. Mulla, AGP for respondent Nos.1 & 2/State. Mr. Vijay D. Patil with Mr. Rushikesh Patil for respondent Nos.3 & 4.

Mr. Uttam B. Nikam, Special Recovery Officer of respondent No.3, (respondent No.4) is present inperson. CORAM :AMIT BORKAR, J.

DATED :FEBRUARY 21, 2024 P.C.:

1.

The respondent No.4 is present in Court. He states that possession of the subject property shall be handed over to the petitioner before 5.00 p.m. today. The statement is accepted. 2.

However, it is made clear that it will be open for the Special Recovery Officer to follow procedure contemplated under sub-Rule (iv) of sub-Rule D(1) of Rule 107(11) of the Maharashtra Cooperative Societies Rules, 1961.

907-wp2178-2024.doc 3.

It is made clear that delivery of possession by the Special Recovery Officer shall be without prejudice to the rights of the parties to the present writ petition.

4.

With this modification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)