The Chairman Swami Samartha Sahakari Dudha Uttpadak Sanstha Maryadit (Masal Wasti) v. The State Of Maharashtra Thr. Dept. Of Dairy Development And Animal Husbandry And ORS

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2021.10.16 16:40:09 +0530 12 wp 6505 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6505 OF 2021 The Chairman, Swami Samarth Sahakari Dudha Uttpadak Sanstha Maryadit ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents WITH INTERIM APPLICATION (ST) NO.19742 OF 2021 Mr. Sarang Aradhye, for Petitioner.

Mr. S.S.Panchpor, AGP, for State.

Mr. S.S.Patwardhan i/by Mr. Bhooshan Mandlik, for Applicant in IAST 19742 of 2021.

Mr. Purshottam G. Chavan, for Intervenor - Laxmi Patil, Sudarshan Dudh Uttpadak Sanstha and Sudarshan Dudh Utpadak Sanstha.

Mr. Abhijit Kulkarni i/by D.D. & Abhijit Associates, for Applicants - Savita Ghodake, Shobha Patil and Mr. Vaijnath Bhosale.

CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE :

th OCTOBER, 2021 P.C. :

1.

Heard the learned Advocates for the parties. The orders dated 8th January, 2021, 25 th February, 2021, 5 th March, 2021 and 22 nd March, 2021 passed by the Respondent No.1 - are set aside and the following order is passed : (i) The orders dated 18 th June, 2020 and 23 rd October, 2020 passed by Respondent No.5 are set aside.

(ii) The Respondent No.5 - Assistant Registrar, shall issue fresh notices to the affected societies and after giving a hearing to the concerned societies, SSP 1/2

12 wp 6505 of 2021.doc pass interim orders. It is only after passing of the interim orders that the Respondent No.5 shall proceed to pass his final orders under sub-Section 2 of Section 102 of the Maharashtra Co-operative Societies Act, 1960. The exercise of hearing the parties concerned and passing interim orders shall be completed within a period of four weeks from today.

(iii) Liberty is granted to the Petitioner to object to the voter's list as and when the same is published, which objection shall be decided strictly on merits. (iv) All contentions of the parties are kept open. (v) The Writ Petition is accordingly disposed of. The Interim Application (ST) No.19742 of 2021 also stands disposed of. (vi) Though the Writ Petition is disposed of, place the same to report compliance on 18 th November, 2021.

( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 2/2