Shaikh Dawood Ahemad Babasaheb v. The State Of Maharashtra And Others

(1) W.P. No. 12739 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 12739 of 2016 District : Ahmednagar Shaikh Dawood Ahemad Babasaheb, Age : 74 years, Occupation : Retired Professor, R/o. A/1, Cosmic Society, Balkrishna Road, Ahmednagar, Taluka & District Ahmednagar.

.. Petitioner.

versus

1. The State of Maharashtra, Through Secretary for Co-operation, Mantralaya, Fort, Mumbai - 400 032.

2. District Deputy Registrar, Co-operative Societies, Ahmednagar, Taluka & District Ahmednagar.

3. The Deputy Registrar, Co-operative Societies, Ahmednagar, Taluka & District Ahmednagar.

4. Cosmic Co-operative Housing Society Ltd., Ahmednagar, through its Liquidator Mr. S.V. Khade, an employee of the Maharashtra Co-operative Housing Finance Corporation Ltd., Mumbai, District Office at Aurangabad in Arth Complex, Adalat Road, Aurangabad, Taluka & District Aurangabad.

.. Respondents.

(2) W.P. No. 12739 of 2016 Mr. V.P. Sawant, Advocate, holding for Mr. M.S. Indani and Mr. U.M. Indani, Advocates, for the petitioner.

Mr. A.S. Shinde, Asst. Government Pleader, for respondent nos.01 to 03.

CORAM : V.M. KANADE & SANGITRAO S. PATIL, JJ.

DATE : 16TH JANUARY 2017 ORAL ORDER :

Heard.

02.

Grievance of the petitioner is that though he had made a representation to respondent no.03 - Deputy Registrar of Co-operative Societies on 16.02.2016, seeking permission to file criminal and civil proceedings against respondent no.04 - Liquidator under Section 107 of the Maharashtra Cooperative Societies Act, 1960, same has not yet been decided.

03.

Therefore, without issuing notices to respondents, the petition can be conveniently disposed of by directing respondent no.03 - Deputy Registrar of Co-operative Societies to decide representation of the petitioner made on 16.02.2016, seeking permission to file criminal and civil proceedings against respondent no.04 - Liquidator under Section 107 of the Maharashtra Co-operative

(3) W.P. No. 12739 of 2016 Societies Act, 1960, on its own merits and in accordance with law, within four weeks. We direct accordingly.

04.

With the above directions, the Writ Petition is disposed of.

( Sangitrao S. Patil ) ( V.M. Kanade ) JUDGE JUDGE puranik / WP12739.16