Umesh Vishwasrao Deokar And ORS v. The State Of Mah And ORS
(1) W. P. No. 3689 of 2011 with
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 3689 of 2011 District : Jalgaon
1. Hemant Prakash Kale, Age : 34 years, Occupation : Auditor, R/o. 240, Bhavani Peth, Bhole Niwas, Jalgaon, District : Jalgaon.
2. Sheshrao s/o. Ganpatsing Parmar, Age : 42 years, Occupation : Auditor, R/o. 22, Bhushan Colony, Jalgaon, District : Jalgaon.
.. Petitioners.
versus
1. The State of Maharashtra, Through Commissioner for Co-operation and Registrar Of Co-operative Societies, Maharashtra State, Central Building, Pune - 411 001.
2. The Officer on Special Duty, .. Respondent no.2 deleted.
Audit Board (ADF), Maharashtra State, Administrative Building, 2nd Floor, A.G. Khan Road, Mumbai - 18.
3. The Divisional Assistant Registrar, Nashik Division, Nashik.
(2) W. P. No. 3689 of 2011 with
4. The District Deputy Registrar, Jalgaon.
.. Respondents.
.........................
Mr. Prakashsing B. Patil, Advocate, for the petitioners. Mr. A.P. Basarkar, Asst. Government Pleader, for respondent nos.1, 3 and 4.
Respondent no.2 deleted as per Court's order dated 27-5-2011.
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With Writ Petition No. 4023 of 2011 District : Ahmednagar
1. Umesh s/o. Vishwasrao Deokar, Age : 34 years, Occupation : Certified Auditor, R/o. Rajyog, Plot No.42, Shahunagar, Kedgaon, Ahmednagar, District : Ahmednagar.
2. Bhausaheb s/o. Bhalchandra Vetal, Age : 45 years, Occupation : Certified Auditor, R/o. Bhenda Factory, Taluka : Newasa, District : Ahmednagar.
3. Dattatraya s/o. Vitthal Bomble, Age : 38 years, Occupation : Certified Auditor, R/o. Deepjyot, near Sahyadri Public School, Pipeline Road, Ahmednagar, District : Ahmednagar.
(3) W. P. No. 3689 of 2011 with
4. Somnath s/o. Baburao Sonwane, Age : 38 years, Occupation : Certified Auditor, R/o. Mahatma Phule Chowk, Market Yard, Ahmednagar, District : Ahmednagar.
.. Petitioners.
versus
1. The State of Maharashtra, Through the Secretary for Co-operation, Mantralaya, Mumbai.
2. The Commissioner for Co-operation And the Registrar, Co-operative Societies, Pune.
3. The Divisional Joint Registrar, Co-operative Societies, Nashik, District : Nashik.
4. The District Deputy Registrar, Ahmednagar, District : Ahmednagar.
.. Respondents.
.........................
Mr. V.D. Hon, Senior Advocate, for the petitioners. Mr. A.P. Basarkar, Asst. Government Pleader, for respondent nos.1 to 4.
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CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.
DATE : 11TH FEBRUARY 2016
(4) W. P. No. 3689 of 2011 with COURT'S ORDER (Per S.V. Gangapurwala, J.) :
1.
The challenge is to Circulars dated 9-2-2011, 11-4-2011 and 4-6-1992, restricting the number of audits to be carried out by the petitioners.
2.
It is not disputed that subsequently the said Circulars are superseded by amendment and thereby limitation of 10 has been raised to
20. It is submitted by the learned Counsel for the petitioners, that even subsequent amendment is assailed in other Writ Petitions. According to them, the respondents cannot put restrictions on the right of the petitioners to carry out the audit with regard to number of institutions. 3.
When the Circulars impugned in the present petitions are already superseded by the subsequent amendment, the challenge of the petitioners with regard to the restraint for carrying out audits of number of institutions can be considered in subsequent Writ Petitions. 4.
The petitioners were enjoying interim orders. In the light of that, the Writ Petitions are disposed of in view of the subsequent amendment made. Rule is discharged. No costs. ( A.M. BADAR ) ( S.V. GANGAPURWALA ) JUDGE JUDGE ................................
(5) W. P. No. 3689 of 2011 with puranik / WP3689.11etc