Ambadas Abaji Mankape v. The Union Of India Thruigh Additional Secretary And Central Registrar And Another

3925.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO.3925 OF 2023 AMBADAS ABAJI MANKAPE

VERSUS

THE UNION OF INDIA, THROUGH ADDITIONAL SECRETARY AND CENTRAL REGISTRAR AND ANOTHER ....

Mr V. B. Garud, Advocate for Petitioner;

Mr D. B. Gaikwad, Counsel for Respondent No.1 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 11th April, 2023 PER COURT:

1.

The Petitioner desires that, this Court should issue a direction to a private Multi-State Co-operative Society, to accept his One Time Settlement (OTS). Contention is that, because of the Liquidator has been appointed by the Union of India on the said Society, Respondent No.2 gets converted into 'State' as defined under Article 12 of the Constitution of India. 2.

The Petitioner contends that, an Advertisement was published by Respondent No.2 on 10/06/2022 in 'Daily Lokmat', which is one of the largest circulated newspaper in this part of the State. Defaulters were given 30 days time to deposit 5% of the

3925.23wp (2) dues and tender an application. The Petitioner, did not deposit the 5% dues and his first application after the Advertisement is dated 27/09/2022, filed beyond 30 days.

3.

It is, therefore, apparent that the Petitioner did not take advantage of the said OTS scheme by his conduct and volition. Neither 5% amount was deposited, nor an application was made, both within 30 days from the date of the publication of the Advertisement.

4.

In view of the above, we do not find it appropriate to exercise our writ jurisdiction under Article 226 of the Constitution of India. This petition is, therefore, dismissed. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk