Vitthal Kisan Landge And Others v. The State Of Maharashtra Through Principal Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8852 OF 2022 VITTHAL KISAN LANDGE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioners : Shri Bora Satyajit S. AGP for the Respondents/State : Shri A.R. Kale ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATE :- 29th August, 2022 Per Court :- 1.

The petitioners have put forth prayer clause (b) as under:- "b) That, by issuing writ, order or direction under Article 226 of the Constitution of India, the respondent No.2 Divisional Joint Registrar, Cooperative Societies, Nashik, may kindly be directed to decide the Revision No.196/2016 within period of three months."

2.

The grievance of the petitioners is that their pending Revision No.196/2016 filed under Section 154 of the Maharashtra Cooperative Societies Act, 1960 is pending for the last six years. After the petitioners received the notice dated

*2* 19.01.2016 listing the matter for hearing on 09.02.2016 (wrongly typed as 2015), no hearing has taken place and the petitioners are informed that the file is missing.

3.

Considering the above and the order that we are passing, we are not issuing notice to respondent Nos.4, 5 and 6. 4.

This Writ Petition is disposed off with the following directions:- (a) The petitioners would approach respondent No.2 on 12.09.2022 at 12:00 noon with the entire revision case papers that they have preserved.

(b) Between 12.09.2022 to 15.09.2022, respondent No.2 would get the file reconstructed.

(c) Respondent No.2 would issue notice to all the contesting parties in the said revision petition on 16.09.2022, making it returnable after four weeks. (d) From the returnable date onwards, respondent No.2 would decide the said proceedings on it's own merits and in accordance with the provisions of the Maharashtra Cooperative Societies Act, 1960, on or before 28.02.2023.

(e) Needless to state that, we have not expressed any

*3* opinion as regards the merits of the petitioners' claim.

kps (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.)