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Bombay High CourtWP/10919/2019disposed off

Shirish Dattatraya Kanerkar v. Minister For Co-Operation Maharashtra State And ORS

2021-07-12Hon'Ble Shri Justice M. S. Karnik2 pages

6 & 7. wp 10907-19 & anr..doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10907 OF 2019 JAYSING PANDURANG MANE ..PETITIONER VS.

MINISTER FOR CO-OPERATION MAHARASHTRA STATE & ORS.

..RESPONDENTS WITH WRIT PETITION NO. 10919 OF 2019 SHIRISH DATTATRAYA KANERKAR ..PETITIONER VS.

MINISTER FOR CO-OPERATION MAHARASHTRA STATE & ORS.

..RESPONDENTS --------------------- Mr. R.P. Walvekar for petitioners in both Petitions. Mr. P.P. Pujari, AGP for respondent Nos. 1 and 2 in WP/10907/19. Mr. S.L. Babar, AGP for respondent Nos. 1 & 2 in WP/10919/19. Mr. Chetan Patil for respondent No.3 in both Petitions. Mr. Kuldeep Patil for respondent No.5.

--------------------- CORAM : M.S.KARNIK, J.

DATE : JULY 12, 2021 (VIA V.C.) P.C.:- Shri Kuldeep Patil appearing on behalf of respondent No.5, on instructions, in all fairness points out that the contention of the petitioners in these Petitions that the impugned order was passed by the Hon'ble Minister of Co-operation, Maharashtra State without notice or hearing to the petitioners does not appear to be incorrect. In this view of the matter, it is his 1/2

6 & 7. wp 10907-19 & anr..doc submission that this Court may pass appropriate orders but all the contentions on merits to be kept open.

2.

The impugned order/s is accordingly quashed and set aside. The petitioners and respondent Nos. 3 and 5 to appear before the Hon'ble Minister of Co-operation on 26/7/2021, at 3.00 p.m. when the further schedule of hearing may be decided. Learned counsel for the petitioners submits that this is now an adequate notice to the petitioners and he undertakes to appear on 26/7/2021.

3.

It is made clear that all contentions on merits are kept open and I have not expressed any opinion on the merits of the controversy. The Hon'ble Minister is requested to decide the revision as expeditiously as possible.

4.

The Writ Petitions are disposed of.

(M.S. KARNIK, J.) 2/2