Umakant Shivling Kalshetti v. The Divisional Joint Registrar Co Operative Societies Latur And Others

1 943WP3908.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 3908 OF 2019 Umakant s/o Shivling Kalshetti

...Petitioner

Versus

The Divisional Joint Registrar, Co-operative Societies, Latur & Ors.

...Respondents

.....

Mr. S. P. Urgunde, Advocate for the petitioner Mr. K. B. Jadhavar, AGP for respondent/State Mr. V. P. Latange, Advocate for respondent no. 4 .....

CORAM : BHARATI H. DANGRE, J.

DATE : JANUARY 27TH, 2022 PER COURT : - 1.

The learned Counsel for the respondent has invited my attention to an order passed by this Court in Writ Petition No. 9131 of 2018 with Writ Petition No. 9124 of 2018 dated 04.03.2020 wherein, the order passed by the Nagpur Bench has been brought to the notice of the learned Single Judge and by recording the same, it has been held that being aggrieved by the order passed by the District Deputy Registrar (Money Lenders), the remedy lies to the Registrar General (Commissioner for Cooperation) under Section 9 of the Maharashtra Money Lending (Regulation) Act, 2014. 2.

Accepting the legal position, the learned Single Judge of this Court (Justice Ravindra V. Ghuge) had directed the petitioners to approach the Registrar General under the Maharashtra Money SG Punde, PA

2 943WP3908.2019 Lending (Regulation) Act, 2014 and had also issued direction to the effect that the period spent by the petitioners in this Court shall be considered as a good ground for condonation of delay. 3.

In the wake of the aforesaid order being placed on record, the present writ petition must also meet with the same fate. 4.

On being confronted, the Counsel for the petitioner seek withdrawal of the writ petition and undertake to approach the competent authority within a period of four weeks from today. The petition is therefore dismissed in the wake of the alternative and efficacious remedy being available to the petitioner to approach the Registrar General. Upon such remedy being availed, the petitioner shall have the advantage of making request to the authority to condone the delay on the ground that he was prosecuting the petition before this Court. Since it is noticed that this Court while issuing notice on 28.03.2019, was pleased to grant stay to the effect and operation of the judgment and order impugned, passed by the Divisional Joint Registrar, Cooperative Societies, let that stay continue for a period of four weeks.

[ BHARATI H. DANGRE ] JUDGE SG Punde, PA