Ganesh D Tikhe v. The State Of Maharashtra And ORS

31.wp.4680-21 & anr.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4680 OF 2021 WITH WRIT PETITION NO.4681 OF 2021 GANESH D. TIKHE ..PETITIONER VS.

THE STATE OF MAHARASHTRA & ORS.

..RESPONDENTS ------------- Mr. S.P. Chavan for the Petitioner.

Smt. M.K. Kajale, 'B' Panel Counsel for State in WP/4680/2021. Mr. P.P. Pujari, AGP for State in WP/4681/2021. ------------- CORAM : M.S.KARNIK, J.

DATE : AUGUST 26, 2021 P.C.

Heard learned counsel for the petitioner.

2.

What is under challenge in these Petitions under Article 227 of the Constitution of India are orders of remand passed by the Hon'ble Minister directing to the respondent No.2 - the Additional Registrar, Co-operative Societies, to hear the parties afresh and pass an order within a period of three months from the date of the order passed by the Hon'ble Minister i.e. on 5/5/2021. 3.

It is the contention of learned counsel for the petitioner that despite this period being over, the respondent No.2 has not yet decided the matter. The impugned order is challenged on the ground that the Hon'ble Minister should not have remanded the

31.wp.4680-21 & anr.doc matter back.

4.

I do not propose to interfere with the order of remand as in any case the order was passed by the Hon'ble Minister remanding the matter. The petitioner is a complainant. Necessary action is initiated. Respondent No.2 was directed to decide the proceedings within a period of three months by the Hon'ble Minister. 5.

Having regard to the reasons given by the Hon'ble Minister, without interfering with the impugned order, interest of justice would be served if the respondent No.2 is directed to decide the proceedings before him within a period of four weeks from 30/8/2021.

6.

The complainant to appear before the respondent No.2 on 30/8/2021, at 11.00 a.m., along with the copy of this order. Digitally signed by DIKSHA DINESH RANE Date:

2021.08.26 20:43:18 +0530 DIKSHA DINESH RANE 7.

The Writ Petitions are disposed of.

(M.S.KARNIK, J.)