Mr. Altaf Haidarbhai Sayyad v. The Asst. Registrar, Co-Operative Societies, Pune And ORS

WP11201_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11201 OF 2019 Altaf Haidarbhai Sayyad ...

Petitioner Vs.

The Asst. Registrar, Co-operative Societies & others... Respondents Mr. Shantanu S. Raktake a/w. Mr. Amar Parsekar for Petitioner. Mr. C. D. Mali, AGP for Respondent Nos.1 and 18 to 20. CORAM : UJJAL BHUYAN, J.

DATE :

OCTOBER 18, 2019 P.C. :

Heard Mr. Raktake, learned counsel for the petitioner and Mr. Mali, learned AGP for respondent Nos.1 and 18 to 20-State. 2.

Considering the limited grievance expressed by the petitioner and the order that is proposed to be passed, Court is of the view that the writ petition can be disposed of at this stage itself. 3.

Petitioner is aggrieved by order dated 24.09.2019 passed by the Divisional Joint Registrar of Co-operative Societies, Pune Division, Pune in appeal No.59 of 2019 in which petitioner was one of the appellants.

4.

The appeal was preferred against a report prepared by the enquiry officer in respect of the co-operative society in question under Section 88 of the Maharashtra Co-operative Societies Act, 1960. By the order dated 24.09.2019, Divisional Joint Registrar rejected the appeal and confirmed the report of the enquiry officer.

5.

It is submitted by learned counsel for the petitioner that against the aforesaid order, petitioner has preferred revision application before respondent No.18 on 03.10.2019 copy of which has been annexed as exhibit-N to the writ petition. However, because of the ensuing 1/2

WP11201_19.doc Assembly Elections, there is little possibility of the revision application being heard and decided in the immediate future. 6.

Hence, the writ petition.

7.

Learned counsel for the petitioner submits that pursuant to an earlier order of this Court dated 11.06.2019 passed in Writ Petition No.3906 of 2019 filed by the petitioner, an amount of Rs.4,00,000.00 has been maintained by the petitioner in his savings bank account with the Muslim Co-operative Bank Limited, Baramati Branch, which is one of the subject matters of the enquiry report. In view of the above, this Court had directed that no coercive action should be taken against the petitioner.

8.

After hearing learned counsel for the parties and on due consideration, respondent No.18 is directed to decide the revision application filed by the petitioner on 03.10.2019 within a period of 4 months from today. During this period, the protection extended by this Court vide order dated 11.06.2019 to the effect that no coercive action should be taken against the petitioner shall continue to hold the field. 9.

Writ Petition is disposed of.

(UJJAL BHUYAN, J.) Minal Parab 2/2