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Bombay High CourtWP/2624/2015disposed offdismissed for default

Vilas Dattatraye Sonwane v. State Of Maharashtra And Others

2015-03-10Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

{1} wp 2624.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2624 OF 2015 Vilas Dattatraye Sonwane Petitioner

Versus

The State of Maharashtra and others Respondents Mr.V.D. Salunke advocate for the petitioner Mr.S.S. Tope, GP for Respondent No.1 & 2 ________ CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 10th March, 2015.

PER COURT :- The petitioner informs that, in fact, hearing has taken place and the matter is prescribed for Judgment. Learned Government Pleader appearing for the State, on instructions, informs that only 18 matters were heard on 26.2.2015 and the petitioner's matter was not included therein.

Since the petitioner is coming with a case that, hearing has taken place and he does not insist for further hearing or personal hearing in the matter, it is open for the State Government to proceed to pronounce the Judgment on merit. It would be open for the State Government to pronounce the Judgment on perusing the record available with the Government. The petitioner is desirous of

{2} wp 2624.15.odt contesting election to the Vividh Karyakari Seva Sahakari Society and apprehends that, he would be barred from participating in the election process on account of an adverse order passed under section 88 of the Maharashtra Cooperative Societies Act, 1960. In the facts and circumstances of the case, this petition can be disposed of with direction to the State Government to decide the pending appeal, presented by the petitioner, on its own merits, in accordance with law, as expeditiously as possible and preferably within a period of 15 days from today and it is accordingly directed.

Writ petition is disposed of.

Parties to act on the authenticated copy of this order. (P.R. BORA, J) (R.M.BORDE, J) vbd