Mrs. Kavita Sunderdas Motiramani v. State Of Maharashtra Through The Dy. Registrar And ORS.

(4)WP-4247-19.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4247 OF 2019 Mrs.Kavita w/o Sunderdas Motiramani ] ..Petitioner.

v.

The State of Maharashtra & Ors.

] ..Respondents.

Mr.Sushil Upadhyay i/by Mr.A.M. Saraogi, for the Petitioner. Mr.Manoj Sonwane I/by K.P. Tiwari & Co. for Respondent No.2. Mrs.S.S. Bhende, AGP for the State.

CORAM : INDRAJIT MAHANTY & A.M. BADAR, JJ.

DATE :

9th APRIL, 2019.

P.C.

1] Heard learned counsel for the respective parties. By this Petition, the Petitioner has sought to challenge the order dated 26th April, 2018 passed by Respondent No.1- Deputy Registrar, Co-operative Housing Societies. 2] In view of the fact that since the alternate efficacious remedy is available to the Petitioner under Section 154 of the Maharashtra Cooperative Societies Act, we refrain ourselves from exercising our jurisdiction in the matter. As such, Writ Petition No.4247 of 2019 stands disposed off.

3] However, we grant liberty to the Petitioner to seek redressal of an appropriate remedy as may be available under law. We make it clear that, 1/2

(4)WP-4247-19.doc if the Petitioner proceeds with alternate remedy, within a period of two weeks from today, the concerned Authority shall consider the same on its own merits. In order to enable the Petitioner to file such revision application, we grant stay of three weeks to the impugned order dated 26th April, 2018. We make it clear that nothing has been stated in this order which shall affect the rights and claims of the respective parties. All the concerned to act on an authenticated copy of this order. [A.M. BADAR, J] [INDRAJIT MAHANTY, J] 2/2