Bombay High CourtWP/3026/2016disposed off

Shambu Kumar R Dwivedi And Another v. State Of Maharashtra And 2 Others

2016-12-21Hon'Ble Shri Justice K.K. Tated2 pages

12 wp3026-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3026 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.M.Vashi, Sr.Advocate a/w Ms.Aparna Devkar i/b M/s.M.P.Vashi & Associates for the petitioner Mr.Sukanta Karmarkar, A.G.P. for the State Mr.Girish D. Utangale i/b M/s.Utangale and Co. for the respondent no.2 Mr.Makrand Kale for the respondent no.3 CORAM : K. K. TATED, J.

DATE : DECEMBER 21, 2016 P.C.:

Heard.

By this petition under Article 226 of the Constitution of India, the Petitioner challenges the order dated 9.9.2016 passed by respondent no.2 under section 78(A)1 of the Maharashtra Cooperative Societies Act, 1960. Prayer clause (b) of the petition shows that petitioner already preferred Revision applications bearing No.RVA 2016/PR/1010 and RVA 2016/PR/2012 before the appellate authority. Same are pending for hearing on its own merits.

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12 wp3026-16 The learned A.G.P. appearing on behalf of respondent no.1 after taking instruction from his officer makes a statement that both the Revision applications will be decided according to law within 3 months from today. Statement is accepted. As efficacious alternate remedy is available to the petitioner and same is already in motion, I do not find any substance in the present Writ Petition to entertain under Article 226 of the Constitution of India.

In view of the statement made by the learned A.G.P. for the respondent no.1 State, nothing survives in the Writ Petition.

Liberty granted to the petitioner to move before the authority in both the Revision applications if they so desire for interim relief and that application be decided on its own merits. Hence, Writ Petition stands disposed of accordingly directing authority to decide both the Revision Applications within 3 months from the date of production of this order before the authority.

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