Mr. Dilip Dattatraya Mohite v. District Deputy Registrar And ORS.

wp-8551-15 & 8558-15-(904-905)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8551 OF 2015 Dilip Dattatraya Mohite ..Petitioner Vs.

District Deputy Registrar Co-op Society Rural, Pune & Ors.

..Respondents Mr. G. S. Godbole a/w Mrs. Jai Kanade i/b Shree & Co. for the Petitioner Mrs. V. S. Nimbalkar AGP for the Respondent Nos.1 & 16 Mr. R. S. Apte, Senior Advocate, i/b Mr. A. B. Bhalchim for the Respondent No.3 WITH WRIT PETITION NO.8558 OF 2015 Dilip Dattatraya Mohite ..Petitioner Vs.

District Deputy Registrar Co-op Society Rural, Pune & Ors.

..Respondents Mr. R. D. Soni a/w Mr. S. N. Gavade i/b Shree & Co. for the Petitioner Mrs. V. S. Nimbalkar AGP for the Respondent Nos.1 & 16 Mr. R. S. Apte, Senior Advocate, i/b Mr. A. B. Bhalchim for the Respondent No.3 CORAM :

R. M. SAVANT, J.

DATE :

27th AUGUST, 2015 P.C.

The Learned Counsel for the Petitioner in Writ Petition No.8551 of 2015, Mr. Godbole and the Learned Counsel for the Petitioner in Writ Petition No.8558 of 2015, Mr. Soni, seek leave to withdraw the said Petitions to adopt appropriate remedy after the elections are over if the occasion so arises to challenge the result of the elections as regards the seat with which they are concerned. The Petitions are accordingly allowed to be withdrawn with liberty as prayed for.

mmj

wp-8551-15 & 8558-15-(904-905) In terms of the amended Rule 88 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules 1967, the proceedings would have to be filed before the District Deputy Registrar. Since in the above Petitions the Appeals filed by the Petitioner have been decided by the District Deputy Registrar, Pune, it is directed that the same District Deputy Registrar would not hear the proceedings that would be filed by the Petitioner above named and the same would be heard by some other District Deputy Registrar who is available in Pune. The instant directions should not be construed as expression of any opinion as regards the order passed by the District Deputy Registrar or the conduct of the District Deputy Registrar.

Needless to state that the proceedings filed after the elections to challenge the elections would be tried on their own merits and in accordance with law.

[R.M.SAVANT, J] mmj