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Bombay High CourtWP/13962/2023disposed off

Gaurang N Bhagat v. The State Of Maharashtra Thr Government Pleader And ORS

2023-11-06Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.11.08 12:57:14 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 14 WP.13962.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13962 OF 2023 Gaurang N. Bhagat ...

Petitioner.

V/s.

The State of Maharashtra and Ors.

...

Respondents.

.......

Ms Hemangi D. Pathare for the Petitioner.

Ms R. A. Salunkhe, AGP for Respondent Nos. 1 and 2- State. .......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE : 6 November 2023.

P.C. :

The Petitioner has sought a direction to the Deputy Registrar, Co-operative Societies to hold an inquiry and declare the amount mentioned under unaccount amount in the maintenance bills sent by the Respondent- Co-operative Society of which the Petitioner is a member to be unlawful and illegal and the Petitioner further seeks a direction to the Deputy Registrar to decide the application of the Petitioner within a time bound period. In the application itself the Petitioner has stated that the dispute between the Petitioner and the Society falls under Section 91 to 95 of the Maharashtra Co-operative Societies Act, 1960.

R.V.Patil 2 14 WP.13962.2023.doc To a query as to whether the Petitioner has approached the Cooperative Court as dispute appears to be between the Petitioner and the Respondent- Co-operative Society regarding maintenance charges, the learned Counsel for the Petitioner has informed in negative and as to how such direction can be given by the Deputy Registrar is also not explained.

That being the position, there is no satisfactory explanation as to why the Petitioner cannot approach the Co-operative Court for redressal of the Petitioner's grievance. Keeping all contention of the parties open, in case the Petitioner approaches the Co-operative Court, we dispose of the Writ Petition.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)