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Bombay High CourtWP/5876/2020disposed offdismissed for default

Diptee Yogesh Saner v. The State Of Maharashtra And Others

2020-08-27Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

928wp5876-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5876 OF 2020 Sau. Diptee w/o Yogesh Saner ... Petitioner

VERSUS

The State of Maharashtra, Through its Principal Secretary, Cooperation, Textile and Marketing Department, Mantralaya, Mumbai and others ...

Respondents Mr A. B. Girase, Advocate h/f Mr.Y. B. Bolkar, Advocate for the petitioner. Mr. D. R. Kale, G.P. for Respondent Nos. 1 to 4.

CORAM

: RAVINDRA V. GHUGE & SHRIKANT D. KULKARNI, JJ.

DATE : 27th August, 2020 ORDER:

1.

We have heard Mr. Girase, the learned Advocate on behalf of the petitioner and the learned Government Pleader on behalf of respondent Nos. 1 to 4.

2.

Mr Girase submits that the petitioner is pressing prayer clause (D), which reads as under:

(D) By way of appropriate writ, order or directions in the like nature, this Hon'ble High Court may kindly direct the respondent Nos. 1 to 3 to appoint the Administrator on The Jalgaon Zilla Sarkari Naukaranchi Sahakari Patpedhi Limited, Jalgaon, as the office bearers of the Society (Chairman/ Board of Directors/Office Bearers), have committed misappropriation, illegalities, forgery and irregularities in the society.

3.

Having considered the strenuous submissions of Mr. Girase and

928wp5876-20 the learned Government Pleader, we find that this Country is facing an unusual, unexpected and extraordinary situation. It would have never crossed our minds that we would all go through a phase, which is described as Covid-19 Pandemic in view of the Wuhan Virus, which is called as Novel Covid-19 Corona Virus.

In this backdrop, this Court has delivered several orders in the cases, as like the one being presented before us in this petition. Some of the orders have been placed on record by the learned counsel for the petitioner.

4.

In view of the above and since it would be respondent No.2/the District Deputy Registrar, Cooperative Societies Jalgaon, who would be competent to decide the grievances of the petitioner, the petitioner is at liberty to approach Respondent No.2 by raising a grievance, as has been put forth in this petition.

Respondent No.2 shall issue notices to all the litigating sides and would pass appropriate orders as is permissible under the Statute, within three weeks, after conclusion of the hearing in the matter.

5.

This petition is disposed off.

(SHRIKANT D. KULKARNI, J.) (RAVINDRA V. GHUGE, J.) JPC