Shri. Rajaram Shivaji Patil And ANR v. The State Of Maharashtra Through The Secretary, Co-Operation And Textile Dept. And ORS

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.05.06 20:38:31 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5569 OF 2022 Rajaram Shivaji Patil & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Ruturaj Pawar i/b Mr. Dheeraj Patil for the Petitioners Mr. K. S. Thorat, A.G.P for the Respondetn No.1-State Mr. Deelip Patil Bankar, Chief Standing Counsel, SCEA a/w Ms. Pooja D. Patil for the Respondent Nos. 2 and 3 CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

FRIDAY, 6 th MAY 2022 P.C. :

Not on Board. Taken on Board.

Heard learned counsel for the petitioners.

The relief pressed for by the petitioners in the aforesaid petition is only to the extent as stated hereunder : 1/3

"a.

That this Hon'ble court be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction in nature of mandamus and thereby be pleased to direct the respondent no.4 to decide the application filed by the petitioners u/s. 11 R/w. Sec 25-A of the MCS Act, 1960 in a time bound and expeditious manner ......."

Learned counsel for the petitioners states that the petitioners had preferred an application under Section 11 r/w Section 25-A of the Maharashtra Co-operative Societies Act before the respondent No. 4 on 11th April 2022. He submits that the respondent No. 2 be directed to decide the said application expeditiously. He further submits that the petitioners are not stalling the election process which has already commenced. Statement accepted.

It appears that there are about 73 members, whose membership has been challenged by the petitioners. Considering the same, it would be appropriate to direct the respondent No. 2 to decide the Section 11 application as expeditiously as possible and in any event, within four months from the date of receipt of this order. 2/3

Petition is allowed and disposed of in the above terms. All concerned to act on the authenticated copy of this order. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

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