Niyojit Shree Chatrapati Shahu Magasvargiya Grahnirman Sahakari Sanstha Mydt. Kagal v. State Of Maharashtra, Through Dept Of Revenue And ANR

wp7693 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.7693 OF 2013 Niyojit Shree Chatrapati Shahu Magasvargiya Grahnirman Sahakari Sanstha, Mydt.Kagal

...Petitioner

vs.

The State of Maharashtra and another

...Respondents

Mr.Manoj Patil for the Petitioner Mr.V.S.Gokhale, AGP for the respondent Nos.1 and 2. CORAM : A.S.OKA, & REVATI MOHITE DERE, JJ.

DATE : JULY 20, 2015 P.C.:

Apart from the issue whether the proposed Cooperative Housing Society can maintain the petition, we have perused the paragraph 2 of the affidavit in reply of Shri Riyaz Asagarbeg Mirza, the Resident Naib Tahsildar, Kagal, District Kolhapur. The learned counsel for the petitioner states that all the documents in terms of the letter dated 2nd December 2013 have been furnished. Even time is provided under the said letter. We accept the said statements.

Accordingly, we dispose of the petition by passing the following order:

(I) Without going to the issue of maintainability of the petition, we direct that

wp7693 appropriate decision shall be taken on the application dated 14th December 2009 made by the petitioner as expeditiously as possible and in any event within a period of three months from today;

(II) We accept the statements made by the learned counsel for the petitioner as regards compliance with what is stated in the communication dated 2nd December 2013;

(III) We direct the representative of the petitioner to appear before the District Collector on 27th July 2015 at 11.00 a.m and to produce an authenticated copy of this order before the District Collector;

(IV) Writ Petition is disposed of on above terms.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)