Dhanura Motya Vividh Karyakari Seva Sahakri Society Ltd Thr Its Member And Another v. The State Of Maharashtra Thr Its Principal Secretary And Others

912.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO.2293 OF 2021 DHANURA MOTYA VIVIDH KARYAKARI SEVA SAHAKARI SOCIETY LIMITED THR ITS MEMBER AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioners : Shri V. R. Dhorde AGP for Respondents- State : Shri P. S. Patil Advocate for Respondent No.6: Shri Ghatol Patil ...

CORAM :

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE :

18th FEBRUARY, 2021 ...

PER COURT :

1.

Heard Mr. Dhorde, learned Advocate for the petitioners, learned Assistant Government Pleader for the State and Mr. Ghatol Patil, learned Advocate for respondent No.6. 2.

The learned Advocate for respondent No.6 submits that the petitioners have a remedy either under Section 152 or 154 of the Maharashtra Co-operative Societies Act, 1960 by way of appeal or revision.

3.

Though Mr. Dhorde, the learned Advocate for the petitioners strenuously sought to contend that the remedy would not be

912.odt available to them. It appears that the certificate of the class after audit, is pursuant to the audit as per Section 81 of the Maharashtra Co-operative Societies Act, 1960 and Sub Rule 9 of Rule 69 of the Maharashtra Co-operative Societies Act, 1961. Even if, it is assumed that the appeal is not maintainable, then the revision under section 154 is maintainable.

4.

In light of that, we are not inclined to entertain the Writ Petition. The Writ Petition is disposed of with liberty to avail the alternate remedy. All contentions kept open. No costs. (SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) shp/-