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Bombay High CourtWP/5138/2017dismissedrule discharged

Dadahari Pani Watap Sahakari Sanstha M Warpud Dist Parbhani Through Chairman And Others v. State Of Maharashtra And Others

2017-04-15Hon'Ble Shri Justice M.S. Sanklecha2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5138 OF 2017 (Dadahari Pani Watap Sahakari Sanstha and others Vs The State of Maharashtra and others) WITH WRIT PETITION NO.5139 OF 2017 (Vividh Karyakari Seva Sahakari Sanstha and others Vs. The State of Maharashtra and others) WITH WRIT PETITION NO.5140 OF 2017 (Dadahari Pani Watap Sahakari Sanstha and others Vs The State of Maharashtra and others) Mr.S.B.Sontakke, learned counsel for the petitioners in all petitions. Mr.M.B.Bharaswadkar, learned AGP for the State in all petitions. Mr.R.L.Kute h/f Mr.P.S.Dighe, learned counsel for caveators in WP No.5138/2017 and 5140/2017.

Mr.S.B.Ghatol Patil, learned counsel for caveator in WP 5138/2017. ( CORAM : M.S.Sanklecha, J.) DATE : 15/04/2017 PER COURT :

1.

These 3 matters are not on Board today. Mentioned for urgent relief. Upon mentioning, taken up for consideration. These 3 petitions challenge the individual orders dated 10/04/2017 (WP No.5138/2017), 13/04/2017 (WP No.5139/2017) and 06/04/2017 (WP No.5140/2017) passed by the District Deputy Registrar, Co-operative Societies, Parbhani-respondent No.2 in all the petitions. 2.

The grievance of the petitioners in all the petitions is that its names should be included in the final electoral list for the elections khs/APR.2017/5138

to be held to the Managing Committee of Agricultural Produce Market Committee (APMC), Tadkalas on 16/04/2017.

3.

Mr.Bharaswadkar, learned AGP states that he has just received a copy of the petition and he has not been able to obtain instructions with regard to the facts stated in the petition. In the above view, no order can be passed on the petitions today.

4.

Therefore, Mr.Sontakke, learned counsel appearing for the petitioners in all the 3 petitions seeks to withdraw these 3 petitions with liberty to file appropriate proceedings, if so advised under Rule 88 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967.

5.

Liberty as sought for, is granted.

6.

Petitions stand dismissed, as withdrawn, with liberty as aforesaid.

( M.S.Sanklecha, J.) khs/APR.2017/5138