Janasheva Vividh Karyakari Sahakari (Vikas Seva Saunstha Maryadit v. State Of Maharashtra Ministry Of Coopertion Textile And Marketing And ORS

by KANCHAN PRASHANT DHURI Date:

2024.01.06 16:42:36 +0530 KANCHAN PRASHANT DHURI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8663 OF 2023 Malai Devi Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Malgaon through its Chairman Shri Dagdu Bhau Patil, having address at Mangaon, Tal. Shahuwadi, District : Kolhapur.

Om. Shri. Shankar Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Palsavde WRIT PETITION NO. 8639 OF 2023 Parshu Bajrang Jadhav, Having address at Shahuwadi, Tal. Shahuwadi, Dist. Kolhapur.

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Shri. Jai Hanuman Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Chanwad WRIT PETITION NO. 8659 OF 2023 Ninai Devi Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Ninaiparale through its Director Shri Sambhaji Nivrutthi More, having address at Ninaiparale, Tal. Shahuwadi, District : Kolhapur.

Shri. Devwakoba Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Vakoli 2 / 35

WRIT PETITION NO. 8650 OF 2023 Rasai Devi Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Ninaiparale, through its Director Shri. Deepak Rajaram Happe, Having address at Shambhavne, Tal. Shahuwadi, District : Kolhapur.

Shri. Vithalai Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Gavandi WRIT PETITION NO. 8651 OF 2023 Hanuman Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt through its Director Shri Ananda Shamrao Chugule, having address at Gogave, Tal. Shahuwadi, District : Kolhapur.

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Shri. Kharajai Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Bajagewadi WRIT PETITION NO. 8658 OF 2023 Bapuso Chougule Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Bhendavde through its Director Shri. Mohan Maruti Patil, having address at Mangaon, Tal. Shahuwadi, District : Kolhapur.

Shri. Jay Satali Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Hargudewadi 4 / 35

WRIT PETITION NO. 8646 OF 2023 Bhairavnath Sahakari (Vikas) Seva Saunstha Maryaditt Save through its Director Shri. Samir Gunga Patil, having address at Save, Tal. Shahuwadi, District : Kolhapur.

Shri. Datt Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Bahirewadi WRIT PETITION NO. 8656 OF 2023 Chandoba Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Chandoli 5 / 35

through its Chairman Shri Sandip Atmaram Patil, having address at Chandoli, Tal. Shahuwadi, District : Kolhapur.

Shri. Gholsawade Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Gholsawade WRIT PETITION NO. 8641 OF 2023 Chandoba Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Chandoli through its Chairman Shri Sandip Atmaram Patil, having address at Chandoli, Tal. Shahuwadi, District : Kolhapur.

Shri. Gangoba Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Humboli 6 / 35

WRIT PETITION NO. 8643 OF 2023 Chandoba Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Chandoli through its Chairman Shri Sandip Atmaram Patil, having address at Chandoli, Tal. Shahuwadi, District : Kolhapur.

Shri. Khanjai Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Kerale WRIT PETITION NO. 8644 OF 2023 7 / 35

Janasheva Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Bhendavde through its Director Shri Vasant Ramchandra Patil, having address at Bhendavde, Tal. Shahuwadi, District : Kolhapur.

Shri. Bhairavnath Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Pusarale WRIT PETITION NO. 8640 OF 2023 Yuvraj Sadashiv Patil, Having address at Parale, Tal. Shahuwadi, Dist. Kolhapur.

Shri. M.K. Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Dhangarwadi 8 / 35

WRIT PETITION NO. 8645 OF 2023 Suresh Krushna Parale, Having address at Sashegaon, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Jai Hanuman Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Sashegaon WRIT PETITION NO. 8649 OF 2023 Usman Mohammad Hawaldar, 9 / 35

Having address at Tekoli, Tal. Shahuwadi, Dist. Kolhapur Shri. Bhairavnath Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Tekoli WRIT PETITION NO. 8647 OF 2023 Bhagwan Ganpati Patil, Having address at Sambu, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Bhairavnath Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Sambu 10 / 35

WRIT PETITION NO. 8657 OF 2023 Chandrakant Vithoba Jamble, Having address at Khumbhawade, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Kedarling Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Khumbhawade WRIT PETITION NO. 8642 OF 2023 Damodar Shamrao Kale, Having address at Parale, Tal. Shahuwadi, Dist. Kolhapur.

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Shri. Ninai Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Kode WRIT PETITION NO. 8660 OF 2023 Balwant Baburao Gurav, Having address at Karanjoshi, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Mhasoba Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Karanjoshi 12 / 35

WRIT PETITION NO. 8652 OF 2023 Laxman Nana Kamble Having address at Kolgaon, Tal. Shahuwadi, Dist. Kolhapur Shri. Jotirling Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Kolgaon WRIT PETITION NO. 8662 OF 2023 Narayan Namdev Patil, Having address at Aarul, Tal. Shahuwadi, Dist. Kolhapur.

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Shri. Jyotirling Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Aarul WRIT PETITION NO. 8655 OF 2023 Kiran Vitthal Jamdar, Having address at Parale, Tal. Shahuwadi, Dist. Kolhapur Shri. Mutkeshwar Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Mutkalwadi 14 / 35

WRIT PETITION NO. 8653 OF 2023 Abhijeet Vasanthrao Khanvilkar Having address at Yelawadi, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Ram Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Kante WRIT PETITION NO. 8661 OF 2023 Sarjerao Ananda Kamble, Having address at Warul, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Bhavkai Devi Vividh Karyakari Sahakari (VKS) Seva Saunstha 15 / 35

Maryaditt, Javali WRIT PETITION NO. 8648 OF 2023 Rahul Baburao Patil, Having address at Pishavi, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Bheiravnath Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Khothwadi WRIT PETITION NO. 8654 OF 2023 16 / 35

Sarjerao Balku Borge, Having address at Warewadi, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Masaidevi Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Warewadi WRIT PETITION NO. 8797 OF 2023 Sitaram Tukaram Patil, Having address at Kasarde, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Dhopeshwar Vithalai Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Kasarde 17 / 35

WRIT PETITION NO. 8873 OF 2023 Kedarling Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Karanjfen through its Chairman Shri Pruthviraj Jaysingrao Khanvilkar, having address at Karanjfen, Tal. Shahuwadi, District : Kolhapur.

Shri. Rasai Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Sawardi WRIT PETITION NO. 8874 OF 2023 18 / 35

Kedarling Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Karanjfen through its Chairman Shri Pruthviraj Jaysingrao Khanvilkar, having address at Karanjfen, Tal. Shahuwadi, District : Kolhapur.

Shri. Rameshwar Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Injoli WRIT PETITION NO. 8875 OF 2023 Gajanan Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Shittur-Warun through its Director Shri Uttam Chandru Patil, having address at Shittur-Warun, Tal. Shahuwadi, District : Kolhapur.

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Shri. Vishwavidhata Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Udagiri WRIT PETITION NO. 8876 OF 2023 Ninai Devi Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Burambal through its Chairman Shri Sakharam Biwaji Patil, having address at Burambal, Tal. Shahuwadi, District : Kolhapur.

Shri. Jugai Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Girgaon 20 / 35

WRIT PETITION NO. 8877 OF 2023 Charan Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Charan through its Secretary Shri Jalinder Dattu Redekar, having address at Thergaon, Tal. Shahuwadi, District : Kolhapur.

Shri. Om Datta Bhairavnath Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Saidapur WRIT PETITION NO. 8878 OF 2023 Jugai Devi Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Yelwan-Jugai through its Chairman Shri. Raghunath Mahadev Waykul, having address at Yelwan-Jugai, Tal. Shahuwadi, District : Kolhapur.

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Shri. Hanuman Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Manjare WRIT PETITION NO. 8879 OF 2023 Jugai Devi Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Yelwan-Jugai through its Chairman Shri. Raghunath Mahadev Waykul, having address at Yelwan-Jugai, Tal. Shahuwadi, District : Kolhapur.

Shri. Adhista Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Pariwane 22 / 35

WRIT PETITION NO. 8880 OF 2023 Hanuman Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt through its Chairman Shri. Sarjerao Mahipati Patil, having address at Man, Tal. Shahuwadi, District : Kolhapur.

Shri. Janai Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Patavde WRIT PETITION NO. 8881 OF 2023 Parkhandale Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Parkhandale through its Chairman Shri. Maruti Narayan Gujar, having address at Parkhandale, Tal. Shahuwadi, 23 / 35

District : Kolhapur.

Shri. Jugai Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Sawarde (br.) WRIT PETITION NO. 8882 OF 2023 Namdevrao Khot Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Kadve through its Chairman Shri. Vijay Namdevrao Khot, having address at Kadve, Tal. Shahuwadi, District : Kolhapur.

Shri. Tukai Devi Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Lalewadi 24 / 35

WRIT PETITION NO. 8883 OF 2023 Malai Devi Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Malgaon through its Chairman Shri Prakash Vasant Dalvi, having address at Malgaon, Tal. Shahuwadi, District : Kolhapur.

Shri. Sambhaiya Vithalai Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Kandavan WRIT PETITION NO. 8884 OF 2023 Vitthal Vividh Karyakari Sahakari 25 / 35

(Vikas) Seva Saunstha Maryaditt Rethare through its Chairman Shri Jalindar Dadaso Patil, having address at Rethare, Tal. Shahuwadi, District : Kolhapur.

Shri. Jotirling Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Gondoli WRIT PETITION NO. 8885 OF 2023 Aamba Group Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Aamba through its Chairman Shri Anil Shrikrushna Waykul, having address at Aamba, Tal. Shahuwadi, District : Kolhapur.

Shri. Vitthalai Devi Vividh Karyakari Sahakari Seva Saunstha 26 / 35

Maryaditt, Chalanwadi WRIT PETITION NO. 8886 OF 2023 Aamba Group Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Aamba through its Chairman Shri Anil Shrikrushna Waykul, having address at Aamba, Tal. Shahuwadi, District : Kolhapur.

Shri. Adhishtimata Ajad Hind Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Manoli 27 / 35

WRIT PETITION NO. 8887 OF 2023 Yelur Vividh Karyakari Sahakari (Vikas) Seva Saunstha Maryaditt Yelur through its Chairman Shri Dagadu Balu Mhawale, having address at Yelur, Tal. Shahuwadi, District : Kolhapur.

Shri. Ganesh Vividh Karyakari Sahakari Seva Saunstha Maryaditt, Jadhavwadi WRIT PETITION NO. 8888 OF 2023 Abhijeet Vasanthrao Khanvilkar, Having address at Yelawadi, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Om Vitthalai Vividh 28 / 35

Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Barki WRIT PETITION NO. 8889 OF 2023 Sharad Hari Patil, Having address at Gelavde, Tal. Shahuwadi, Dist. Kolhapur.

Shri. Kedarling Vividh Karyakari Sahakari (VKS) Seva Saunstha Maryaditt, Gelavde .........

Mr. V.A. Thorat, Senior Advocate alongwith Mr. Vishwajeet Sawant, 29 / 35

Senior Advocate, Mr. Sanjeev Kadam, Mr. Prashant Raul and Mr. Surel Shah instructed by Mr. Rushabh Phade for the Petitioners. Mr. Vishwajeet Sawant, Senior Advocate alongwith Mr. Sanjeev Kadam, Ms. Aditi Rajput and Mr. Pratik Deshmukh for the Petitioners. Mr. Y.S. Jahagirdar, Senior Advocate alongwith Mr. Suryajeet P. Chavan alongwith Mr. V.A. Sugdare for Respondent No.2 in all matters. Mr. A.P. Vanarse, AGP for the State.

.........

CORAM : N.R. BORKAR, J.

Pronounced on : 5 JANUARY 2024 (Reserved on : 7 August 2023) P.C. :- The issue involved in all these Petition is common. All these Petitions were, therefore heard together and are being disposed of by this common order.

The Petitioners are multipurpose Co-operative Societies registered under the Maharashtra Co-operative Societies Act or Members of multipurpose Co-operative Societies.

The contesting Respondent/s herein had made an application/s to the Assistant Registrar, Co-operative Societies for being registered as multipurpose Co-operative Society.

The scrutiny committee constituted in terms of Government Resolution dated 23 September 2013, rejected the application/s of contesting Respondents inter-alia on the following grounds. The District Deputy Registrar and Divisional Joint Registrar, Kolhapur have not verified and ascertained as to whether the Revenue village of the aforesaid proposed society is within the purview of the existing society.

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The information as to whether the Promoters - members of the proposed society are the members of other existing society or not, has not been verified and submitted. The Chief Promoter has not verified and ascertained crop-wise cultivated area of the Promoters - members in the proposed society as mentioned in the Crops Sowing Register. The Kolhapur District Central Co-operative Bank has not given undertaking in respect of providing loan as per it's Crop-Loan Policy, to the Promoters - members of the proposed society or has not annexed the Undertaking to the effect that apart from the Kolhapur District Central Co-operative Bank, other Nationalised Banks or other Financial Institutions are going to provide loan to the proposed society. The existing Credit Co-operative Society for the Revenue village of the proposed Society, has not issued Noobjection certificate to the proposed Society for registration. The existing Society has not submitted information about member-wise loans provided to the members to be transferred to the proposed Society.

7.

The extracts of entries from the Crops Sowing Register and 7/12 extract in respect of the lands of the Promoters - members included in the Registration Proposal, have not been annexed to the Proposal for Registration. Therefore, the probable distribution of loan proposed by the Society cannot be ascertained.

8.

The Chief Promoter has not submitted alongwith the proposal, the information as to whether the Promoters - members to be included in the proposed society are included in other existing society or not.

9.

The self-explanatory opinion of the Divisional Joint Registrar, District Deputy Registrar and Taluka Assistant Registrar, Co-operative Societies, Kolhapur, as to whether said society shall be financially viable after registration or not has not been submitted.

10.

The Chief Promoter of the proposed Society, on the basis of the certificate issued by the Gaon Kamgar Talathi, has certified that agricultural loan of the approximate amount of more than Rs.150.00 lakhs will be provided however, he has not enclosed with the proposal, the documents in support of 31 / 35

providing the said loan and the documents for verification thereof and therefore, it cannot be ascertained that after registration, the proposed society will be able to provide loan of the amount of more than Rs.150.00 lakhs.

11.

The loan provided by the existing society within the area of operation of the proposed society is less than the amount of Rs.150.00 lakhs and therefore, existing society itself is not financially viable. Therefore, it would not be appropriate to allow registration of another society of the same type with same objectives within the area of operation of the existing society which itself is not financially viable.

12.

On the basis of the documents in the Registration Proposal, the Assistant Registrar, Co-operative Societies, Tal. Shahuwadi, under his letter dated 11.04.2023, has appraised that the proposed society will not be financially viable and therefore, as per the instructions mentioned in the Government Resolution, it would not be appropriate to grant permission for registration of the said society.

13.

Though the caveat has been filed in respect of the registration of the proposed society, as the society is not complying with the criteria mentioned in the Government Resolution dated 23.09.2013 and as the said proposal is not financially viable, the proposal of the aforesaid proposed Society has been rejected and therefore, the question to give an opportunity of hearing to the Caveator at the level of the Scrutiny Committee, does not arise at all.

14.

Thus, it is found that the existing society itself is not financially viable. Therefore, it would not be appropriate to allow registration of another society of the same type with same objectives within the area of operation of the existing society which itself is not financially viable.

Hence, considering the aforesaid aspects and on perusing the documents in the proposal, it does not appear that after registration, the proposed society will be financially viable in future. Similarly, as per the instructions mentioned in the Government Resolution, as the proposed society is not complying with the financial criteria required for the registration thereof, it is unanimously resolved that the registration proposal should be rejected.

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Sd/- Sd/- Assistant Registrar, Representative of Co-operative Societies, District Deputy Registrar, Tal. Shahuwadi Co-operative Societies, Kolhapur.

Sd/- Sd/- Representative of Deputy Registrar, District Special Auditor Class-1, Co-operative Societies, Co-operative Societies, Headquarter Pune.

Kolhapur.

Sd/- Additional Commissioner and Special Registrar, Maharashtra State, Pune.

-----xxxxx-----xxxxx-----"

The contesting Respondents being aggrieved by the decision of scrutiny committee filed appeal/s before the State Government. The State Government by the order/s impugned has allowed the appeal/s filed by the contesting Respondents and issued the consequential direction to the Assistant Registrar, Co-operative Societies. I have heard the learned Senior Counsel for the Petitioners, the learned Senior Counsel for the contesting Respondents. 7.

The learned Senior Counsel for the Petitioners submits that the State Government has passed the order/s impugned in violation of its own policy decisions. It is submitted that valid reasons were assigned by the scrutiny committee for it's decision and therefore, the State Government ought not to have interfered with it, without recording the finding that they were erroneous.

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8.

On the other hand, the learned Senior Counsel for the contesting Respondents submits that the Petitioners lack locus standi to challenge the impugned order/s. It is submitted that the impugned order/s are in consonance with the State policy to establish multipurpose cooperative societies in every revenue village. It is submitted that if this Court interferes with the impugned order/s then the farmers of the respective villages would be deprived of facilities which would be made available at their door steps.

9.

I have perused the impugned order. The Petitioners were intervenors before the State Government. Neither the issue of locus standi of the Petitioners was raised before the State Government nor the State Government recorded finding in the impugned order/s that the Petitioners do not have any right to object to the registration of the contesting Respondents as multipurpose co-operative societies. The only contention which was raised was that due to registration of the proposed societies there will not be any adverse impact on the financial condition of the existing societies.

10.

Considering the facts and circumstances and in view of the findings recorded by the scrutiny committee, I am inclined to accept the submission that the Petitioners who are either existing co-operative societies or members of the existing co-operative societies lack locus standi to challenge the impugned orders.

11.

As regards merits, the scrutiny committee who is in the form of expert body after scrutinising the documents filed in support of the 34 / 35

application/s made by the contesting Respondents has recorded the specific finding that the proposed societies would not be financially viable. The scrutiny committee has further held that the proposed societies do not fulfill the requisite financial parameters laid down in the Government Resolution dated 23 September 2013. There is no finding in the impugned order/s that the findings recorded by the scrutiny committee are perverse.

12.

Apart from the above, as per the Government Resolution dated 14 February 2017 it is necessary for the proposed societies to have share capital of Rs.5 Lakhs at the time of applying for registration. It appears from the impugned order/s that the said condition is also relaxed on the basis of undertaking of the contesting Respondents that they would raise the share capital of Rs.5 Lakhs within one/three years from the date of registration of the society.

13.

Considering the overall facts and circumstances, the order/s impugned cannot be allowed to stand as the same are contrary to proviso to Section 4 of the Maharashtra Co-operative Societies Act. 14.

The Petitions are allowed. The order/s impugned in the present Petitions are set aside. All consequential actions are set aside. 15.

Needless to mention that fresh application if any made shall be decided on it's own merits.

( N.R. BORKAR, J. ) 35 / 35