Jijau Co-Operative Housing Society Ltd. v. The State Of Maharashtra And ORS

922wp11257.doc ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11257 OF 2019 Jijau Co-operative Housing Society Ltd.

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

Mr.S.S.Shah i/b Ashok M. Misal for the petitioner's Ms R.M.Shinde, AGP for State CORAM : RANJIT MORE & N. J. JAMADAR, JJ.

DATE : 18th OCTOBER, 2019.

P. C. :

By this petition, the petitioner is seeking direction to decide the application for stay and Revision application filed by him challenging the order of the Joint Registrar of Co-operative Societies (CIDCO) dated 9.8.2019. By the said order the petitioner was directed to give no objection certificate to the CIDCO.

As the order passed by the CIDCO is revisable order, the petitioner also filed Revision, a copy of which is annexed at Exhibit-R at page 87.

The sole contention of the petitioner is that though the revision is filed by him on 27.9.2019 against the order of the Joint Registrar, no orders have been passed thereon, as the concerned Minister is not available due to ensuing election of Legislative Assembly. In abovesaid circumstances, we dispose of the petition by passing following order:

- ORDER - 1/2

922wp11257.doc (i) We direct respondent No.1 to dispose of the petitioner's Revision, a copy of which is annexed to the petition at Exhibit-R as expeditiously as possible, and in any case within a period of three months from today. If the same is not considered within three months then the petitioner's prayer for interim relief will have to be considered. (ii) For a period of four months from today, the impugned order dated 9.8.2019 passed by the Joint Registrar, Co-operative Societies and consequential order dated 3rd October 2019 shall remain stayed. (iii) It is expressly made clear that we have not gone into merits of the matter and, all points and contentions of the respective parties are expressly kept open.

(iv) In order to enable the respondent No.1 to comply with this order, the petitioner shall approach it along with a copy of revision application and copy of this order, on 22-10-2019 at 11.00 a.m. [N. J. JAMADAR, J.] [RANJIT MORE, J.] 2/2