Yashwantnagar Sahakari Grahnirman Sanstha Mydt. Thr Its Chairman Shrikrishna Ramchandra Suryavanshi v. Ld. Divisional Joint Registrar, Co-Operative Societies Kolhapur Division And ORS.
18 cp 222 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.222 OF 2023 IN WRIT PETITION NO.9742 OF 2018 Yashwantnagar Sahakari Grahnirman Sanstha Mydt ...
Petitioner versus Ld. Divisional Joint Registrar, Co-operative Societies and Ors.
...
Respondents Mr. Manoj A. Patil, for Petitioner.
Mr. A.P.Vanarase, AGP for State.
CORAM:
N.J.JAMADAR, J.
DATE :
21 JUNE 2023 P.C.
1.
Heard the learned Counsel for the parties.
2.
This Contempt Petition is preferred alleging contempt of the order passed by this Court dated 18 June 2019 in Writ Petition No.9742 of 2018 whereby this Court has granted ad-interim relief in terms of prayer clause (c) of the Petition, thereby directing stay to the operation and implementation of the judgment and order dated 18 April 2018 in Revision Application No.360 of 2017 passed by the Divisional Joint Registrar, Co-op. Societies and also stayed the effect of the order dated 7 October 2017 passed by the Deputy Registrar, Co-operative Societies. 3.
It seems that after the ad-interim order, private Respondent Nos.5 and 9 to 11 filed an application before the Deputy Registrar, Co-op. Societies, Miraj on 26 December 2022 and sought commencement of the proceedings of inquiry under SSP 1/2
18 cp 222 of 2023.doc Section 83 of the Maharashtra Co-op. Societies Act, 1960 on the premise that the stay order operates for a period of six months only. 4.
Mr. Patil, learned Counsel for the Petitioner fairly submits that post filing of this Petition, the Registrar by a communication dated 3 May 2023 has stayed further proceedings of inquiry under Section 83 of the Act till the decision of Writ Petition No.9742 of 2018. Mr. Patil submitted that Respondent Nos.5, 9 to 11, however, deserve to be proceeded against.
5.
I have perused the letter addressed to the Deputy Registrar on 26 December 2022 by Respondent Nos.5, 9 and 11. A perusal of the said letter indicates that, in fact, the Respondents desired to ascertain from the Deputy Registrar as to whether the stay granted by this Court has been vacated and further direction to proceed with the inquiry under Section 83 of the Act has been issued. It does not appear that sufficient grounds are made even to proceed against Respondent Nos.5, 9 and 11 as the said Respondents desired to know the progress of the inquiry by the impugned communication.
6.
Hence, the Contempt Petition stands disposed with a direction to the Registrar to scrupulously comply with the order passed by this Court on 18 June 2019 granting ad-interim relief in Writ Petition No.9742 of 2018, till the said order remains in force.
( N.J.JAMADAR, J. ) SSP 2/2