Laxmi Niwas Co-Operative Hsg. Ltd. v. Deepak Vishnu Shripad And ORS.

kvm 1/2 909-WP5405.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5405 OF 2015 Laxmi Niwas Co-operative Hsg.Ltd. (Proposed) ..... Petitioner

VERSUS

Deepak Vishnu Shripad & Ors.

..... Respondents Mr.Kishor S. Patil for the Petitioner.

Ms.K.N.Solunke, A.G.P. as Writ Cell for the Respondent nos. 2 and 3. Dr.Archana Shinde, Assistant Registrar Co-op.Department (Thane) present in court.

CORAM :

R.D. DHANUKA, J.

DATE :

6th JUNE, 2018 P.C.

It is not in dispute that during the pendency of this petition, the State Government has already issued a circular dated 23rd March,2016 by which 51% members are allowed to apply for formation of the society. Learned A.G.P. does not dispute that such a Government resolution is issued by the Government.

2.

The Competent Authority and the District Deputy Registrar, Cooperative Societies, Thane is accordingly directed to reconsider the application of the petitioner bearing no.ZUN/Thane/MMHS/Nondni/11145/2015 expeditiously and not later than three months from the date of communication of this order after considering the effect of the Government resolution dated 23rd March,2016. It is made clear that the petitioner is not required to file any fresh application.

kvm 2/2 909-WP5405.15 3.

The authority and the parties to act on the authenticated copy of this order.

4.

Writ petition is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]