Dinkar Eknath Ambilwade And Others v. The Assistant Registrar And Others

2025:BHC-AUG:33930 922-wp-4187-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4187 OF 2022 Dinkar Eknath Ambilwade And Others

VERSUS

The Assistant Registrar And Others ...

Advocate for the Petitioners : Mr. Dhorde Vikram R. AGP for Respondent/State : Mr. V.S. Badakh Advocate for Respondent Nos.2 & 3 : Mr. V.H. Dighe Advocate for Respondent No.5 : Mr. A.D. Ostwal ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 04, 2025 PER COURT :

1.

Heard learned counsel for the respective parties. 2.

By way of present petition, the petitioner challenges the order dated 24.03.2022 passed by respondent no.1/Assistant Registrar, Co-operative Societies, Rahuri.

3.

Learned counsel for the respondents raised a preliminary objection about maintainability of the petition on the ground that against the order passed by the Assistant Registrar, the petitioner is having an alternate and efficacious remedy to file the appeal under Section 152 of the Maharashtra Co-operative Societies Act. 4.

In view thereof, the petition stands disposed of as not maintainable. The petitioner is at liberty to file appeal within a period of six weeks from today.

922-wp-4187-2022.odt (2) 5.

The time spent while prosecuting this petition shall be taken into consideration by the Appellate Authority while considering the application for condonation of delay.

6.

As this Court had already granted interim protection to the petitioner vide its order dated 19.04.2022, the same shall continue till the Appellate Authority decides the appeal on its own merits. If the petitioner files an appeal before the Appellate Authority, the Appellate Authority is directed to decide the same within a period of four months from today.

7.

Mr. Ostwal submits that declaration of elections has already been challenged in other proceedings. The disposal of writ petition shall not have any impediment on the concerned authority while deciding that matter on its own merit.

(SIDDHESHWAR S. THOMBRE, J.) Mujaheed//