The Shaikh Mishree Sra Co-Operative Housing Society Ltd And 8 ORS v. The State Of Maharashtra And 5 ORS

906- WPL 3763 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3763 OF 2019 The Shaikh Mishree SRA CHS Ltd. And Ors.

...Petitioners

vs.

The State of Maharashtra and Ors.

...Respondents

Mr. Suresh Sabrad, for the Petitioners Mr. Sukant Karmarkar, for Respondent Nos. 1 to 4- State CORAM : S.C. GUPTE, J.

DATE : 21 JANUARY 2020 P.C. :

1.

This writ petition challenges an order passed by the Divisional Joint Registrar of Cooperative Societies in Appeal No. 184 of 2019 and the original order dated 18.6.2019 passed by the Assistant Registrar of Cooperative Societies. In the alternative, the Petitioners pray for stay of the impugned orders pending the revision application filed by the Petitioners before the Hon'ble Minister for Cooperation (Respondent No.2 herein). 2.

As noted above, efficacious alternate remedy being available to the Petitioners, viz. a revision application before the State through Minister of Cooperation, and the Petitioners having already availed of it, the Petitioners must approach the Hon'ble Minister even for stay of the impugned orders passed by the Divisional Joint Registrar and the Assistant Registrar.

3.

Learned Counsel for the Petitioners informs the Court that the 1 / 2

906- WPL 3763 of 2019.doc revisional authority was not available at the relevant time, and the Petitioners could not, in the premises, apply for stay. 4.

In that case, the petition can be conveniently disposed of by granting a limited stay for a period of three weeks from today to enable the Petitioners to apply to the revisional authority for grant of stay, pending hearing of the revision application. It is ordered accordingly. All rights and contentions of the parties, on merits, are kept open. 5.

The writ petition is disposed of accordingly. All concerned to act on an authenticated copy of this order.

(S.C. GUPTE, J.) V.A. Tikam 2 / 2