Tyaga Bapu Shinde And Another v. Ahmednagar Taluka Doodh Vyawasaik Va Prakriya Sangh Maryadit Through Its Chairman And Others

21wp3342.24.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO. 3342 OF 2024 IN WP/3380/2024 ...

SHRI TYAGA BAPU SHINDE AND ANR

VERSUS

THE AHMEDNAGAR TALUKA DOODH VYAWASAIK VA PRAKRIYA SANGH MARYADIT, AHMEDNAGAR AND ORS.

...

Advocate for the Applicants : Mr. P.S. Gaikwad AGP for Respondents/State : Mr.N.B. Patil Advocate for the Petitioner in WP : Mr. Girish K. Naik Thigle (on Video Conference) ...

CORAM : S. G. MEHARE, J.

DATE : 01st APRIL, 2024.

PER COURT :

1.

Issue notice to the respondents, returnable on 23.04.2024. 2.

Learned AGP waives service of notice for respondent Nos. 1 to 4.

3.

Heard the learned Counsel for the applicants. He submits that the matter may be heard on merit at the admission stage. 4.

Learned Counsel Mr. Gaikwad states that he has filed an intervention application for and on behalf of the persons who were the parties before the lower authorities. However, they have not been joined as parties to the proceedings. He and the learned AGP submit that pursuant to the impugned order, the mahajansb/

21wp3342.24.odt liquidator took over the charge on 27.03.2024. This order was shown to the learned Counsel Mr. Thigale, who is on V.C. However, he is pressing for status-quo. Once the order has been executed, the order of interim relief cannot be granted. Even thereafter, he was arguing that the democratically elected committee members had been deprived of their rights and that the appointment of a liquidator by way of interim arrangement was illegal.

5.

For the facts and circumstances of the case, to protect the interest of a democratically elected body, the liquidator is restrained from taking any material decision till the next date. 6.

Learned Counsel for the applicants seeks leave to add the intervenors who were the party before the Revisional Authority who have filed the Civil Application No. 3342 of 2024. Leave granted to add them to the Writ Petition.

7.

In view of the submissions, Civil Application No. 3342 of 2024 is allowed.

8.

The necessary amendment should be carried out in the writ petition as soon as possible on or before the next date. ( S. G. MEHARE ) JUDGE mahajansb/