Dinkar Dayaram Patil v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9957 OF 2013 Dinkar s/o Dayaram Patil Petitioner

Versus

The State of Maharashtra & others Respondents Mr.R.N.Dhorde, Senior Counsel i/by Mr.V.R.Dhorde, advocate for the petitioner Mrs.A.V.Gondhalekar, A.G.P. for Respondents No.1 & 2. Mr.P.P.Chavan, advocate for Respondent No.3.

Mr.A.V.Hon, advocate for Respondent No.4.

Mr.Sanjay Sanduji Raut, District Deputy Registrar, Co-operative Societies, Jalgaon, present in person.

CORAM : R.M.BORDE & SUNIL P. DESHMUKH, JJ.

DATE : 12th February, 2015 PER COURT:

An application tendered by Respondent No.4 praying for deregistration of the co-operative society is stated to be pending and as such, this Court, while dealing with Writ Petition No.9130 of 2013, issued directions to take appropriate decision on the application in accordance with provisions of law. The petitioner herein contends that earlier application presented by brother of the Respondent has already been turned down and there is no such application pending for consideration of the authorities. It is also contended that even if any application remains pending, same cannot be considered by the authorities in view of the decision on the earlier application presented on behalf of a person interested in the affairs of the Co-operative society.

{2} wp995713.odt We do not propose to go into factual disputes raised in the petition and it would be open for the concerned authorities to take appropriate decision in the matter in accordance with provisions of law. Respondent-authorities are expected to look into the previous proceedings while dealing with an application tendered by any person interested in the affairs of the Cooperative society and shall have to take decision in accordance with provisions of law.

In view of above, grievance raised by the petitioner, in the instant petition, need not be gone into. Writ Petition stands disposed of.

It would be open for the persons interested in the affairs of the Society to put forth their contentions before the authorities concerned. The District Deputy Registrar, Cooperative Societies, Jalgaon, who is present in the Court, makes a statement that appropriate decision would be taken in the matter, as expeditiously as possible, preferably within a period of three weeks from today.

Pending Civil Applications do not survive and stand disposed of.

SUNIL P. DESHMUKH R.M.BORDE JUDGE JUDGE adb/wp995713