Bapuso Patil Bharat Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit Takavade v. The Divisional Joint Registrar Co-Op Societies Kolhapur Division And ORS

Osk 27-Wp-1346-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1346 OF 2021 Bapuso Patil Bharat Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit Takavade ... Petitioner V/s.

The Divisional Joint Registrar Co-Op Societies, Kolhapur Division & Ors.

... Respondents Mr.P. M. Arjunwadkar for Petitioner.

Mr.S. D. Rayrikar, A.G.P. for Respondent Nos.1 & 2. Mr.Surel S. Shah for Respondent Nos. 3 to 6.

CORAM : A.S. GADKARI, J.

DATE : 6th May 2022.

P.C. :

1.

At the outset, Mr.Shah, learned counsel for Respondent Nos.3 to 6 raised a preliminary objection and submitted that, against the impugned Order dated 22nd September 2020 passed by Respondent No.1, a substantive Revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960 (for short, 'M.C.S. Act') is maintainable before the State Government and without availing the said alternate remedy Petitioner has directly approached this Court.

2.

In view thereof, Mr.Arjunwadkar, learned counsel for the Petitioner, on instructions, seeks leave to withdraw present Petition with 1/2

Osk 27-Wp-1346-2021.odt liberty to pursue the said statutory alternate remedy available under Section 154 of the M.C.S. Act before the State Government. Leave and liberty granted.

3.

Petition is disposed off as withdrawn with aforesaid liberty. 4.

It is needless to mention that, the Petitioner will get benefit under Section 14 of the Limitation Act for pursuing remedy before this Court from 23rd October 2020 till 6th May 2022.

[A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.05.10 15:22:07 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2