Baban Raoji Chaudhari v. The State Of Maharashtra And Others

8-PIL-64-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 64 OF 2019 Baban Raoji Chaudhari ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. D.S. Bagul, Advocate for petitioner Mr. P.G. Borade, A.G.P. for respondent - State ....

CORAM : P.B. VARALE AND R.G. AVACHAT, JJ.

DATED : 10th JUNE, 2019 PER COURT :

Heard learned Counsel for petitioner.

2.

The grievance raised in this public interest litigation is of a limited nature. Petitioner is a farmer. It is submitted before us that one Kisan Cooperative Starch Manufacturing Society, Ltd. Dhule had gone into liquidation. The exercise of sell of properties of the society was undertaken. In connivance with the some officers of Respondent No.4 - The Maharashtra State Co-operative Bank Ltd., Respondent No.6 purchased the property. The property was sold at a lesser rate than the prevailing market value of the property. It is also submitted that there is a prima facie breach of provisions of law. An enquiry was conducted through the District Deputy Registrar, Cooperative Societies, Dhule. The District Deputy Registrar, Co-operative 1 / 2

8-PIL-64-19.odt Societies, Dhule submitted the report to Respondent No.2 - Director of Marketing, Maharashtra State, Pune. In the said report the District Deputy Registrar specifically observed that there was no response from Respondent No.4 - bank. No relevant documents were submitted in the course of enquiry. Accordingly, the District Deputy Registrar reached to a certain preliminary conclusion. It is further submitted that though the report is submitted to Respondent No.2 on 20th October, 2018, the matter is laying in the office of Respondent No.2 and Respondent No.2 is sitting idle in the matter for a considerable length of period.

3.

Considering this limited grievance raised by the petitioner, we deem it proper to dispose of the present public interest litigation with direction to Respondent No.2 to take the report submitted to him by District Deputy Registrar, Dhule on 20th October, 2018 to its logical end. Needless to state, by following the relevant provisions of law in general and more particularly Maharashtra Co-operative Societies Act, Respondent No.2 - Director of Marketing to take appropriate decision on the report as expeditiously as possible and not later than twelve weeks from today. 4.

Public Interest Litigation is disposed of accordingly. ( R.G. AVACHAT, J. ) ( P.B. VARALE, J. ) SSD 2 / 2