Smt Jaya Nigam And ANR v. The State Maharashtra Through Its Dept Of Cooperative Societies And ORS

23 WP 13968.23.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2023.11.09 14:55:48 +0530 WRIT PETITION NO.13968 OF 2023 Smt. Jaya Nigam & Anr.

...Petitioners

V/s.

The State of Maharashtra & Ors.

...Respondents

& Ors.

Mr. Akshay R. Kapadia for Petitioners.

Mrs. V.S. Nimbalkar, AGP for State- Respondent Nos. 1 and 2.

Mr. Sandeep D. Shinde i/by Ergo Juris for Respondent Nos. 3 and 4.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

8th November 2023 P.C.:

1.

Heard Kapadia, learned Counsel appearing for the Petitioners, Mrs. Nimbalkar, learned AGP for State and Mr. Shinde, learned Counsel appearing for the Respondent Nos. 3 and 4.

2.

The challenge in the Writ Petition is to the legality and validity of order dated 19th October 2023 passed by Deputy Registrar, Co-operative Societies, Mumbai Western Suburbs, 1/2

23 WP 13968.23.doc MHADA, Mumbai.

3.

Mrs. Nimbalkar, learned AGP at the outset states that there is alternate remedy under Section 154 of the Maharashtra Cooperative Societies Act. 4.

Leave is granted to the Petitioner to avail the alternate remedy.

5.

Accordingly, the Writ Petition is dismissed in view of availability of an alternate remedy, however with no order as to costs.

6.

It is clarified that, this Court has not considered the merits and all contentions of the parties on merits are expressly kept open.

(MADHAV J. JAMDAR, J.) 2/2