Appasaehb Nivruti Gagre And Another v. The State Of Maharashtra Through Registrar General And Others

2025:BHC-AUG:13736-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 10424 OF 2022 APPASAEHB NIVRUTI GAGRE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH REGISTRAR GENERAL AND OTHERS Mr. S. N. Suryawanshi, Advocate for the Petitioners Mr. S. N. Kendre, AGP for the Respondent/State Mr. V. S. Undre, Advocate for Respondent No.4.

CORAM

: R. M. JOSHI, J.

DATE : 8th MAY, 2025 PER COURT :- 1.

This petition takes exception to the order passed in Appeal No. ML-A-01-2019, whereby the Deputy Registrar and Divisional Joint Registrar, Co-operative Society, Nashik dismissed the appeal treating this as a Revision.

2.

Learned counsel for the Petitioner has rightly pointed out that the Appeal was preferred before this Authority against the order passed by the Deputy Registrar of Co-operative Society, dated 6th April, 2017 and instead of treating the same as Appeal, the Authority has erroneously considered it to be a Revision and rejected the same. He therefore seeks setting aside of the order impugned and relegating matter back to the Authority for decision afresh. 907.wp10424.22.odt

3.

Learned counsel for the contesting Respondent does not dispute the aforestated facts. He, however, seeks all issues to be kept open for agitation before the Authority concerned. 4.

In view of this, impugned order is set aside. The proceedings of Appeal No. ML-A-01-2019 is relegated back to the Authority for decision afresh. Needless to say that all issues sought to be raised by the parties are kept specifically open.

(R. M. JOSHI, J.) ssp 907.wp10424.22.odt