Dashrath Namdeo Savant v. The State Of Maharashtra Through Its Secretary And Other

2024:BHC-AUG:7675-DB wp 3738.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO. 3738 OF 2024 Dashrath Namdeo Savant

VERSUS

The State Of Maharashtra Through It's Secretary And Other ...

Advocate for the Petitioner : Mr. S.K. Shinde AGP for Respondents : Mr. S J Salgare CORAM : SMT. VIBHA KANKANWADI & S. G. CHAPALGAONKAR, JJ.

Dated : April 10, 2024 PER COURT :- 1.

Present petition has been filed for following relief :- "B.

Issue writ of Mandamus or any other writ or directions in the nature of Mandamus directing the respondent no.2 to decide petitioners application dated 9.1.2024 Exh.B filed u/s 73 of the Maharashtra Co-operative Act, 1960."

2.

Taking into consideration the relief, Petition can be disposed off.

3.

The learned AGP waives notice for respondent nos.1 and 2 and places on record the communication dated 18.1.2024 given to the petitioner by respondent no.2 informing the deficiencies in the application dated 9.1.2024. It is taken on record and marked as Exhibit "X".

4.

Learned advocate for the petitioner submits that the petitioner might not have received the communication, however, he is ready to cure the defects within a period of 15 days.

wp 3738.24.odt 5.

Learned AGP, then makes a statement, on instructions, that, if the defects are cured, then, the application would be decided within Two (2) months.

6.

In view of this statement, the petitioner is directed to appear before the Respondent No.2 and remove defects within a period of 15 days from today.

7.

After the defects as stated in the communication Exhibit "X" dated 18.1.2024 are removed, Respondent No.2 to decide the said application on it's own merits within a period of Two

(2) months. Writ Petition is accordingly disposed off. ( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

aaa.