Manohar Aappanna Dharanguttikar And ORS v. District Deputy Registrar Co-Op. Soc. Kolhapur And ORS

2023:BHC-AS:26457 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7380 OF 2023 Manohar Aapanna Dharanguttikar & ors.

.Petitioners Vs.

The District Deputy Registrar, Co-operative .Respondents Societies, Kolhapur & ors.

Mr. Surel S. Shah i/b. Mr. Akshay Kulkarni, Advocate, for the Petitioners Smt. M. S. Srivastava, AGP, for the Respondent - State Mr. A. B. Tajane, Advocate, for Respondent No. 3 Mr. P. D. Pise i/b. P. Padmanabh & Associates, Advocate, for Respondent Nos. 4 to 15 Mr. Deelip Patil Bankar for Chief Standing Counsel SCEA, for Respondent No. 2

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

06.09.2023 P. C.

1.

At the outset, Mr. Shah, learned counsel appearing for the Petitioners seeks leave to implead the State Co-operative Election Authority, Maharashtra State, Pune as party Respondent No. 2A to the Petition. Leave as prayed for is granted. Amendment to be carried out forthwith. Re-verifcation is dispensed with.

2.

Heard Mr. Shah, learned counsel appearing for the Petitioners, Smt. Srivastava, learned AGP, for the Respondent -

State, Mr. Deelip Patil Bankar, learned counsel appearing for Respondent No. 2 and Mr. Pise, learned counsel appearing for Respondent Nos. 4 to 15.

3.

Mr. Deelip Patil Bankar, learned counsel appearing for the newly added Respondent No. 2A produces letter dated 06.09.2023 of the State Co-operative Election Authority, Pune. 4.

Mr. Shah, learned counsel appearing for the Petitioners states that in view of the order dated 06.09.2023 passed by the Respondent No. 2A - State Co-operative Election Authority, Pune, the relief sought in terms of prayer clause (b) does not survive. He states that insofar as prayer clause (c) is concerned, liberty be granted to fle a fresh Petition. 5.

Accordingly, the Writ Petition is disposed of as nothing survives insofar prayer clause (b) is concerned. Liberty is granted to fle a fresh Petition with respect to prayer clause (c) of the Petition.

6.

Accordingly, the Writ Petition is disposed of in above terms with no order as to costs. It is made clear that all the

contentions of both parties on merits are expressly kept open. (MADHAV J. JAMDAR, J.)