Swapnil Shankar Patil And ANR. v. Divisional Joint Registrar (Sugar) Cooperative Societies And ORS.

k 1/2 16 wp 9765.17 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9765 OF 2017 ...

Swapnil Shankar Patil & Anr.

....Petitioners V/S Divisional Joint Registrar (Sugar) & Ors.

....Respondents ...

Mr. Shriniwas S. Patwardhan a/w Mr. Bhooshan Mandlik for the Petitioners. Ms. Jyoti P. Jadhav, AGP for Respondent Nos.1 and 2/State. Mr. Amit B. Borkar for Respondent No.3/Society. ...

CORAM : A.A. SAYED & V.L. ACHLIYA, JJ.

DATE : 04 JULY 2018.

ORDER:

The substantive prayer in the Petition reads as follows: "A) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus thereby directing respondent no.1 herein to modify his order dated 3.4.2017, Exhibit H hereto and include all 34 items of enquiry as per the show cause notice dated 20.10.2016 issued by him, Exhibit G hereto and further hold an enquiry in all items of enquiry under section 83 of the Maharashtra Co-operative Societies Act, 1960 and complete the same in a time bound manner."

We have perused the Affidavits filed on behalf of the Respondent No.1. Inasmuch as the Inquiry Report is already been submitted, we are not 1/2

k 2/2 16 wp 9765.17 as.doc inclined to entertain the Petition. We leave it open for the Petitioners to challenge the said Inquiry Report (annexed to the Additional-Affidavit-inReply of the Respondent No.1) if so advised. The Petition is dismissed. We make it clear that we have not expressed any opinion on the merits of the case. (V.L. ACHLIYA, J.) (A.A. SAYED, J.) katkam by Sudarshan Rajalingam Katkam Date:

2018.07.06 15:07:51 +0530 Sudarshan Rajalingam Katkam 2/2