Shivaji Budhaji Chaudhari And ANR v. The Divisonal Joint Registrar, Co-Op. Societies Nasik Gruh Nirman Bhavan, Nasik And ORS

{1} wp5376-12 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5376 OF 2012 Shivaji Budhaji Chaudhari and Another PETITIONERS

VERSUS

The Divisional Joint Registrar Co-operative Societies and Others RESPONDENTS .......

Mr. Vikram A. Pawar, Advocate for the petitioners Mr. A. A. Jagatkar, AGP for respondent - State Mr. Amol S. Sawant, Advocate for respondent No.5 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 1 st DECEMBER, 2021 ORDER :

1.

At the outset, learned advocate for the petitioners seeks permission to withdraw the writ petition, with liberty to avail alternate remedy under section 154 of the Maharashtra Cooperative Societies Act, 1960 (for short "the said Act") for challenging the procedure adopted during the sale and the sale. 2.

Learned advocate for the petitioners submits that since the Divisional Joint Registrar, Co-operative Societies, has fixed the offset price, filing of proceedings under section 154 of the said Act challenging the sale process and the sale before the same

{2} wp5376-12 authority i.e. the Divisional Joint Registrar would not be an efficacious remedy.

3.

In view of the peculiar facts of the present case, the petitioners to approach the State Government, under section 154 of the said Act challenging the sale process and the sale. 4.

Writ petition is disposed of as withdrawn with liberty as prayed for.

5.

The period spent prosecuting present writ petition shall be taken into consideration while entertaining the proceedings under section 154 of the said Act.

6.

By order dated 12th October, 2012, by way of interim relief, possession of the petitioners was protected, said interim order shall continue for a period of eight weeks from today. [NITIN B. SURYAWANSHI] JUDGE drp/wp5376-12