M/S Korane Chavan Associates Through Its Partner And ORS. v. State Of Maharashtra And ORS.

912-wp11156-16.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11156 OF 2016 M/s.Korane C. Associates & Ors.

...Petitioners

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr.Amit Borkar for the Petitioners.

Mr.S.H. Kankal, A.G.P. for the State - Respondent Nos.1 to 3. Mr.D.D. Dalvi for the Respondent Nos.4 and 5. CORAM : R.D. DHANUKA, J.

DATE : 9TH AUGUST, 2018.

P.C. :- 1.

By consent of the learned counsel for the petitioners and for the respondent nos.4 and 5, the impugned order dated 7th May, 2016 passed by the respondent no.3 and the order dated 31st August, 2016 passed by the learned Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur are set aside. The proceedings are restored to file before the respondent no.3. 2.

By consent of the petitioners and the respondent nos.4 and 5, the said proceedings shall be heard by another District Deputy Registrar from Satara District. The learned Commissioner, Cooperation is directed to assign one of the District Deputy Registrar 1/2

912-wp11156-16.doc having his office at Satara for hearing and final disposal of the proceedings upon remand. Learned officer who shall be assigned this matter by the learned Commissioner for Co-operation shall decide the matter afresh without being influenced by the observations made and the conclusion drawn in the order dated 7th May, 2016 passed by the respondent no.3 and further the order dated 31st August, 2016 passed by the Divisional Joint Registrar after complying with the principles of natural justice.

3.

Learned District Deputy Registrar shall decide the said proceedings within four months from the date of the first hearing. Learned Commissioner for Co-operation shall inform the details of the officer who will be assigned the matter to both the parties in advance.

4.

It is made clear that this Court has not expressed any views on the allegations made by the petitioners against the respondent no.3.

5.

The writ petition is accordingly disposed of in aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2