Pralhad Mohanrao Wagh v. The Divisional Joint Registrar Co Operative Societies And Others

WP 513/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO.513 OF 2023 PRALHAD MOHANRAO WAGH

VERSUS

THE DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES AND OTHERS ...

Advocate for Petitioner : Mr. P.D. Suryawanshi AGP for Respondents/State : Mr. S.P. Tiwari ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 13/01/2023 PER COURT :

1.

The learned counsel for the petitioner submits that in identical facts situation, this Court in the case of Abasaheb Sundarrao Mate and Ors. Vs. The Divisional Joint Registrar Co-operative Societies Latur and Ors. in Writ Petition No. 233/2023 has passed the order on 7.1.2023 and the same may be made applicable to the present petition. The order dated 7.1.2023 in Writ Petition No. 233/2023 is as under :- "1.

The learned counsel for the petitioners is permitted to change the designation of respondent No. 6. Necessary amendment be carried out forthwith. Petitioners are also permitted to amend the prayer clause in the petition. 2.

The learned counsel for the petitioners submits that the petitioners have challenged the order passed by respondent No. 1 dated 07.03.2019, on account of the fact that the revision preferred by the petitioners before the revisional authority is pending for a long period of time without being taken up for adjudication. The learned counsel for the petitioners, therefore, submits that this court would decide the legality of the impugned order by entertaining the present writ petition challenging the order passed by the respondent no. 1.

3.

However I am of the view that, it is more appropriate

WP 513/23 that the revisional authority before whom the revision is filed would be the appropriate authority to decide the revision petition challenging the order dated 07.03.2019, passed by respondent No. 1. The revisional authority after issuance of notice is directed to decide it as expeditiously as possible. The petitioners can move the revisional authority for taking up the matter.

4.

The learned counsel for the petitioners submits that in execution of the impugned order further proceedings are initiated. In view of the same, the petitioner are also permitted to move the revisional authority an appropriate application for interim orders.

5.

The Writ Petition stands disposed of."

2.

The above order is made applicable to the present petitioner. The petition is disposed of accordingly.

[ARUN R. PEDNEKER J.] ssc/