Milind Walunjkar And ORS v. The State Of Maharashtra Thru Prin. Secretary, Ministry Of Co-Op. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11782 OF 2023 Milind Walunjkar & Ors.

...Petitioners

Versus

The State of Maharashtra Through Principal Secretary, Ministry of Co-op. & Ors.

...Respondents

...

Mr. S. S. Panchpor, for Petitioners.

Mr. Radhikesh Uttarwar a/w Ms. Pooja R. Thakur, Mr. Arjun Pawar for Respondent No.4.

Mrs. V.S. Nimbalkar, A.G.P. for Respondent Nos.1 to 3. ...

CORAM

: SANDEEP V. MARNE, J.

DATE : OCTOBER 12, 2023.

P.C.:

1.

The challenge in this Petition is to the order dated 13 September 2023 passed by the Divisional Joint Registrar, Co-operative Societies, Pune rejecting the application for stay of the order dated 1 September 2023 passed by the Deputy Registrar, Co-operative Societies Pune. By that order dated 1 September 2023 the Deputy Registrar has disqualified all the managing committee members of the society. As a consequence of order dated by SAJAKALI LIYAKAT JAMADAR Date:

2023.10.16 13:18:30 +0530 SAJAKALI LIYAKAT JAMADAR 1/3

1 September 2023, further order dated 12 September 2023 is passed by the Deputy Registrar appointing three members as administrative committee to manage day to day affairs of the society. This Court, by its order dated 7 October 2023 has suspended the order dated 12 September 2023 as the administrative committee was yet to take charge of affairs of the society. 2.

The learned counsel appearing for Respondent No.4 would submit that the Revision Application filed by the Petitioners is slated for hearing on 16 October 2023.

3.

In that view of the matter instead of determining correctness of the order dated 13 September 2023, it would be appropriate to direct that the Revision Application No.335 of 2023 filed by the Petitioners is decided in an expeditious manner.

4.

The Divisional Joint Registrar to decide the Revision Application No.335 of 2023 as expeditiously as possible, preferably within a period of one month from today. Till the revision application is decided, the order dated 12 September 2023 shall remained suspended.

5.

All contentions of the parties on merits of the revision application are kept open. Needless to say that the Divisional Joint Registrar shall not be 2/3

influenced by the order rejecting stay application while deciding the revision application finally.

6.

With the above direction, Writ Petition is disposed of. (SANDEEP V. MARNE, J.) 3/3