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Bombay High CourtWP/5448/2004disposed off

Prakash Dattatraya Patil v. Collector Of Kolhapur And ANR.

2017-05-08Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

231. WP 5448.04.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 5448 OF 2004 Prakash Dattatraya Patil.

... Petitioner.

V/s.

Collector of Kolhapur & Anr.

... Respondents.

Mr. S.S. Patwardhan for the Petitioner.

Ms. Molina Thakur, AGP for the Respondents.

Coram : N.M. Jamdar and Dr.Shalini Phansalkar Joshi, JJ.

Date : 08 May, 2017.

P.C. :- The Petition is placed before the Special Vacation Court to take up the final hearing of the pending Writ Petitions. 2.

The Petitioner was a member of the Respondent No.2 - Sugar Factory. In the year 2004, the term of the Managing Committee was to expire. On 8 June 2004, the State of Maharashtra issued a circular under Section 73(I)(B) of the Cooperative Societies Act, 1960. Further corrigendum was issued on 11 June 2004. On 14 June 2004, the Petitioner sought postponement of election of the Managing Committee of Respondent No.2. Since the Petitioner was not successful in this

231. WP 5448.04.doc endeavour, the present Writ Petition was filed. Rule was issued in this Writ Petition on 6 July 2004 and interim relief was refused. The prayer made in this Petition is to postpone the election till 15 October 2004 or till such time the election of Maharashtra Legislative Assembly.

3.

It is clear that the cause sought to be agitated in this Petition does not survive. The Writ Petition is disposed of as infructuous.

(Dr.Shalini Phansalkar Joshi,J.) (N.M. Jamdar,J.)