Mr. Raja Hadikyal And ANR. v. State Of Maharashtra (Co-Op. Dept.) And ANR.

wp-7976-15-(915)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7976 OF 2015 Raja Hadikyal & Anr.

..Petitioners Vs.

State of Maharashtra & Ors.

..Respondents Mr. Vikram Chavan a/w Ms Sheetal Thakur for the Petitioners Mr. S. D. Rayrikar AGP for the Respondents CORAM :

R. M. SAVANT, J.

DATE :

13th AUGUST, 2015 P.C.

The above Petition takes exception to the interim order dated 179-2012 and confirmed by the order dated 5-3-2013, by which order the flat of the Petitioner No.1 being Flat No.A-204, Florentine, Hiranandani Gardens, Powai, Mumbai 400 076 came to be attached.

It is the case of the Petitioner No.1 that the said flat solely belongs to him and could not have been attached pursuant to the proceedings which are initiated under Section 88 of the Maharashtra Co-operative Societies Act (for short the said Act). However, the said application has not been dealt with and the final order of attachment has been passed. The Learned AGP Mr. Rayrikar on instructions states that the said application dated 10-12-2012 at Exhibit C would be dealt with by the mmj

wp-7976-15-(915) authorised Inquiry Officer appointed under Section 88 of the said Act within 8 weeks from 19-8-2015.

In view of the said statement of the Learned AGP, it is now not necessary to keep the above Petition pending. Hence by accepting the said statement, the above Petition is disposed of. Needless to state that the authorised Inquiry Officer would give proper opportunity to the parties and then decide the said application. The parties to appear before the authorised Inquiry Officer on 19-8-2015 on which day the matter is to come up before the authorised Inquiry Officer. Hence 8 weeks stipulated by this Court would start to run from then. The Petitioners would be at liberty to file additional documents and submissions. [R.M.SAVANT, J] mmj