Bombay High CourtWP/10033/2015dismissedrule discharged

Dattatraya Nivrutti Pisal v. The State Of Maharashtra And Others

2016-01-18Hon'Ble Shri Justice R. M. Borde1 pages

{1} wp 10033.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10033 OF 2015 Dattatraya Nivrutti Pisal Petitioner

Versus

The State of Maharashtra and others Respondents Mr.A.D. Sonar advocate for the petitioner Mr.B.V.Virdhe, AGP for Respondent State _______________ CORAM : R.M. BORDE Dated : 18th JANUARY, 2016.

PER COURT :- Perused the order impugned in this petition.

The petitioner is not objecting to the auction sale that has taken place. However, he is merely objecting to the order of confirmation of sale issued by the Deputy Registrar - Cooperative Societies, Taluka Jalgaon. Since the petitioner, whose property was put to auction is not objecting to the auction of sale itself, the procedural act of the Deputy Registrar, confirming the auction sale, is neither liable to be questioned by the petitioner, nor such an objection needs to be entertained in exercise of extraordinarily jurisdiction under article 226 of the Constitution of India. The petition is devoid of substance and hence stands dismissed.

(R.M.BORDE, J) vbd