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Bombay High CourtWP/6536/2024disposed off

Soni Vividh Karykari Sahakari Society Ltd. v. State Of Mah. Thr Its Secretary To The Ministry Of Cooperative, Textile And Marketing And ORS

2024-05-06Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

SAYYED SAEED ALI AHMED ALI Sayyed 21-WP.6536.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SAYYED SAEED ALI AHMED ALI Date: 2024.05.07 13:02:20 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6536 OF 2024 Soni Vividh Karykari Sahakari Society Ltd.

..Petitioner Vs.

State of Maharashtra, Through its Secretary to the Ministry of Cooperative, Textile and Marketing & Ors.

..Respondents __________ Mr. Shailendra S. Kanetkar for the Petitioner. Mr. S. P. Shetye, AGP for the Respondent-State. __________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

6th MAY 2024.

P.C.:

1.

Considering the nature of directions proposed to be issued service on Respondent No.4 is dispensed with. 2.

The Petitioner, a Co-operative Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 is aggrieved by the report dated 26th March 2024 that has been submitted by the Deputy Registrar, Co-operative Societies to the Commissioner for Co-operation, Pune. By the said report, it has been recommended that the Respondent No.4, a proposed Society could be duly registered under the said Act. By referring the fact that the corrigendum dated 14th February 2017 and its operation has been stayed, the Petitioner on 5th April 2024 has issued a further email to the Commissioner of Co-

Sayyed 21-WP.6536.2024.doc operation bringing this fact to its notice. It is stated that even prior thereto an objection was raised on 5th March 2024. 3.

In aforesaid facts the following directions would serve the ends of justice.

(i) The Respondent No.2 shall consider the Petitioner's objection dated 5th April 2024 to the report of the Deputy Registrar dated 26th March 2024.

(ii) The Respondent No.2 shall hear the Petitioner as well as the Respondent No.4 on the aforesaid objection. To facilitate consideration of the aforesaid, the Petitioner as well as the Respondent No.4 shall appear before the Respondent No.2 on 13th May 2024. Within a period of two weeks from that date, the Respondent No.2 shall decide the objection.

(iii) Needless to state that till the said objection is decided, the report dated 26th March 2024 shall not be acted upon.

4.

All points raised are kept open. The Writ Petition is disposed of in aforesaid terms. The Petitioner to serve copy of this order on the Respondent No.4.

[JITENDRA JAIN, J.] [A. S. CHANDURKAR, J.]