Nilesh Ranjit Bhoite v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO. 2830 OF 2015 WITH CA/4081/2015 WITH CA/4144/2015 NILESH RANJIT BHOITE

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Shinde Abasaheb D.

Mrs. MA Deshpande, AGP for Respondent/State;

__________ CORAM :

R.M.BORDE & P.R.BORA,JJ.

DATE : 10 th JULY, 2015.

PER COURT :

1) Heard. Learned Counsel appearing for the petitioner, points out that in view of Section 21A(5) of the Maharashtra Co-operative Societies Act, 1960, the District Deputy Registrar is not invested with the jurisdiction to deal with an application for granting relief in respect of de-registration of a society and the Competent Authority invested with powers to consider such application is an officer not below the rank of Joint Registrar, Co-operative Societies. The application tendered by the petitioner with the District Deputy Registrar, Co-operative

Societies, has been rejected on the aforesaid ground referable to Section 21-A(5) of the said Act. 2) Learned Counsel further contends that he has already approached the Joint Registrar, Co-operative Societies with an application on 19th May, 2015. In this view of the matter, this petition can be disposed of with directions to the Joint Registrar, Co-operative Societies, to decide the application tendered by the petitioner, as expeditiously as possible and preferably within a period of six months from today and in accordance with the provisions of law. The Joint Registrar, Co-operative Societies, shall not be influenced or impeded by the order passed by the District Deputy Registrar, Co-operative Societies while dealing with the application tendered by the petitioner and the same shall be decided on its own merits.

3) In view of disposal of the writ petition, pending civil applications do not survive and the same stand disposed of.

(P.R.BORA) (R.M.BORDE) JUDGE JUDGE bdv/