Gangapur Sahakari Sakhar Karkhana Ltd. v. The Regional Joint Director Of Sugar And ORS.

1 WP - 2568-1998

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2568 OF 1998 Gangapur Sahakari Sakhar Karkhana Ltd. and ors. .. Petitioners VS.

The Regional Joint Director of Sugar and others .. Respondents ---- None present for the petitioners Mr. S.P. Tiwari, A.G.P. for the respondents/State ---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 09-05-2017 ORDER :

1.

The petition purports to put up a challenge to the amendments to bye-laws, as directed under order dated 30-091995. Court has further observed that there would be no interim relief against the order.

2.

Although a civil application had been moved referring to general body meeting dated 14-07-1998, wherein it is purportedly resolved that amendment is not in the interest of petitioner no.1 and the earlier provisions of bye-law no.29, may be continued, and, the application was to be heard alongwith writ petition while rule had been issued in the matter and no interim relief had been granted, it appears that said observation had not been pointed out and the

2 WP - 2568-1998 civil application had been subsequently granted. Yet, it appears that no fruitful purpose would be served by the amendments, which have not been carried out in the writ petition, and, the same is recorded on the farad sheet.

3.

In the circumstances, it appears that the amended byelaw has been operative since 1998. It is reported that there have been further developments and amendments to the Co-operative Societies Act subsequently, including the rules and bye-laws. In the circumstances, the matter, according to learned AGP, has been rendered inefficacious. The petition stands disposed of as such. Rule stands discharged.

[SUNIL P. DESHMUKH] JUDGE arp/