Neha Shivcharan Patidar v. The State Of Maharashtra Through Gp High Court And ORS

32-wp.9640-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9640 OF 2018 Neha Shivcharan Patidar ..Petitioner Vs The State of Maharashtra & Ors.

..Respondents ----- Mr. S.S. Shah a/w Ms. Nita Solanki, Mr. Jain, Ms. Amruta Thakur I/b Kiran Jain & Co. for the Petitioners.

Mr. A.R. Metakari, AGP for respondent Nos.1 and 2. Mr. Sandesh Patil I/b P.S. Gole for the respondent No.3. ----- CORAM : A.S.GADKARI, J.

DATE : 30th July 2019.

P.C.:

1] At the outset, Mr. Patil, the learned counsel for the respondent No.3 raised a preliminary objection about the maintainability of the present petition and submitted that, the Order impugned herein is passed by the Deputy Registrar,Co-Operative Societies, Mumbai under section 101 of the Maharashtra Co-Operative Societies Act, 1960 and the petitioner is having substantive alternate remedy by way of Revision under Section 154 of the said Act. He submitted that, without availing the said remedy, the petitioner has approached this Court directly. 1/2

32-wp.9640-2018.doc 2] In view thereof, Mr.Shah the learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to adopt the said remedy and/or to adopt any other remedy including filing of a suit before the Civil Court, if so advised and permissible under the law. Leave and liberty granted.

3] Disposed off as withdrawn with aforesaid liberty. It is needless to mention here that, this Court has not adjudicated upon the issues involved in the present petition and the same is disposed off in view of the preliminary objection raised by the learned counsel for the respondent No.3.

(A.S.GADKARI, J.) 2/2