Shetkari Sahakari Sangh Limited Through Chairman Ravindra Ukhardu 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.11400 OF 2015 Shetkari Sahakari Sangh Limited, Jamner Petitioner

Versus

State of Maharashtra & others Respondents Mr.M.S.Deshmukh, advocate for the petitioner Mr.C.V.Dharurkar, A.G.P. for Respondents No.1 to 3. Mr.V.J.Dixit, Senior Counsel i/by Mr.Bipinchandra K. Patil, advocate for Respondent No.4.

CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 24th November, 2015 PER COURT:

Petitioner is objecting to the orders passed by the Divisional Joint Registrar, Cooperative Societies, Nasik, directing condonation of delay of more than a year in presenting the appeal and action of entertaining appeal challenging adoption of amendment by the cooperative society in terms of the directions issued by the Cooperative Department.

In the facts and circumstances of this case, we do not propose to go into merits and contentions raised by the petitioner in this petition since substantive appeal is pending before the appellate forum i.e. Divisional Joint Registrar, Cooperative Societies, Nasik.

It would be open for the appellate authority to decide

{2} wp1140015.odt the appeal strictly in accordance with provisions of law, as expeditiously as possible i.e. before 03.12.2015. The petitioner as well as Respondents shall cause appearance before the Divisional Joint Registrar, Cooperative Societies, Nasik on 30.11.2015 at 11.00 a.m. The appellate authority shall hear the parties and pronounce its decision within the time frame prescribed as above. Merely because this Court has directed to deal with the appeal, it shall not be construed that the action of entertaining appeal or order condoning delay by the appellate authority is approved by this Court and it would be open for the petitioner to raise challenge to the orders that would be passed by the appellate authority as well as the orders impugned in this petition, if occasion so arises, before appropriate forum.

With the directions as above, writ petition stands disposed of.

Parties to act upon authenticated copy of this order. A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/wp1140015