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Bombay High CourtWP/6449/2014admittedallowedgrantedrule absolute

The Maharashtra State Co-Operative Housing Finance Ltd., Ahemdnagar v. The State Of Maharashtra And Others

2015-11-18Hon'Ble Shri Justice Nitin W. Sambre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.6449 OF 2014 The Maharashtra State Co-operative Housing Finance Ltd., Ahmednagar Branch, Shilpa Building, Station road, Ahmednagar ..

Petitioner

Versus

1.

The State of Maharahtra, through Secretary, Co-operative Department, Mantralaya, Mumbai 2.

The Minister for Co-operation, Maharashtra State, Mantralaya, Mumbai 3.

The Divisional Joint Registrar, Co-operative Societies, Nasik Division, Nasik 4.

Swarnalaxmi Co-operative Housing Society Ltd., Ahmednagar through its Chairman 5.

Almas Park Co-operative Housing Society Ltd., Ahmednagar, through its Chairman 6.

Shahid Co-operative Housing Society Ltd., Ahmednagar, through its Chairman 7.

Sameer Co-operative Housing Society Ltd., Ahmednagar, through its Chairman 8.

Prashant Co-operative Housing Society Ltd., Ahmednagar, through its Chairman 9.

Madhuraj Park Co-operative Housing Society Ltd., Ahmednagar through its Chairman

10.

Heena Park Co-operative Housing Society Ltd., Ahmednagar, through its Chairman, All R/o Ahmednagar, Taluka and District Ahmednagar ..Respondents Mr K.S. Bhore, Advocate for petitioner Mr B.A. Shinde, A.G.P. for respondents No.1 to 3 Mr A.N. Kakade, Advocate for respondents no.4 to 10 CORAM : N.W. SAMBRE, J.

DATE : 18th November 2015 PER COURT Heard.

2.

The petition can be conveniently disposed of by quashing the order dated 31st January 2014 passed by learned Minister for Cooperation, Maharashtra State in Revision No.907 of 2013, as after a period of four years, the learned Minister has stayed the appointment of Administrator which was carried out on 16th October 2010. 3.

In view of the fact that the order of stay was passed by learned Minister after lapse of period of four years that too without recording any reasons, the order dated 31st January 2014 passed by learned Minister for Co-operation, Maharashtra State, Mumbai in Revision No.907 of 2013 is hereby quashed and set aside. However, in the facts and circumstances, it will be appropriate to direct the State Government to decide the Revision No.RVA-2013/P.K.907/15 pending with the department of Co-operation, Mantralaya, Mumbai, at the earliest.

4.

Writ petition stands allowed in above terms.

( N.W. SAMBRE, J.) vvr