Gulabchand Nathuram Aswani And ANR. v. The State Of Maharashtra Through Its Secretary And ORS.

20-wp.7899-2016.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7899 OF 2016 Gulabchand Nathuram Aswani & Anr.

..Petitioners Vs The State of Maharashtra & Ors.

..Respondents ----- Mr. G.S. Godbole a/w Ms. Preeti Limbachiya I/b R.S. Kohli for the Petitioners.

Ms. Geeta Sonawane, AGP for the State.

Mr. A.Y. Sakhare, Senior Advocate a/w Mr. S.R. Nargolkar and S.Rebello for the respondent No.5.

----- CORAM : A.S.GADKARI, J.

DATE : 30th July 2019.

P.C.:

1] The Order impugned herein is passed by the Divisional Joint Registrar,Co-Operative Societies, Pune Order dated 13.2.2015 in Appeal No.37 of 2013.

2] At the outset, Mr. Sakhare, the learned senior counsel appearing for the respondent No.5 raised a preliminary objection about the maintainability of the present petition. He submitted that, the Order impugned herein is passed by the Divisional Joint Registrar,Co-Operative Societies, Pune and the petitioners are having substantive alternate 1/2

20-wp.7899-2016.doc remedy by way of Revision under Section 154 of the Maharashtra CoOperative Societies Act, 1960 and without availing the said alternate remedy, petitioners have approached this Court directly. 3] I find substance in the submissions of the learned counsel for the respondent No.5. Writ Petition is disposed off on the ground of availability of alternate remedy by reserving liberty to prefer Revision before the State Government.

(A.S.GADKARI, J.) 2/2