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Bombay High CourtWP/15540/2023disposed off

Vishwanath Ramchandra Chavan v. Sonaji Raghunath Mane

2024-04-19Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:8475-DB 970-wp-15540-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 WRIT PETITION NO.15540 OF 2023 VISHWANATH RAMCHANDRA CHAVAN

VERSUS

SONAJI RAGHUNATH MANE ...

Mr. A. R. Kawade, Advocate for the Petitioner. Mr. S. J. Salgare, AGP for Respondent No.10 - State. Mr. N. R. Solunke, Advocate for Respondent No.5. ...

CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ.

DATE : 19th APRIL, 2024.

ORDER :- .

Present petition has been filed for following reliefs :- "(B) Be please to direct the Respondent No.10 i.e. Deputy Registrar, Co-operative Society, Nirala Bazar, Aurangabad. Tq. Aurangabad to take decision on the proposal dated 24.03.2015 filed by the petitioner, whether to approve or not, the resolution No.10 passed by petitioner No.10 society, in its general meeting dated 28.09.2014 and resolution No.4 passed in the Special meeting dated 14.12.2014 passed by the petitioner No.10 Parvati Cooperative Housing Society. (C) Be please to declare that, as per the by laws of the Petitioner No.10 society, since the Respondent No.10 Deputy Registrar, Co-operative Society, Nirala Bazar, Aurangabad, Tq. Aurangabad, did not take any action over the proposal dated 24.03.2015 of the since considerable period, therefore, said proposal is deemed to be approved." [1]

970-wp-15540-2023.odt 2.

Learned AGP on instructions from Mr. Dnyaneshwar R. Matere, Deputy Registrar of Co-operative Societies, Chhatrapati Sambhajinagar makes a statement that the proposal dated 24.03.2015 has been misplaced in the office and submits that if a fresh proposal with all the necessary documents is produced, then it can be decided within a period of three months from the date of its presentation.

3.

Thereafter, learned Advocate for the petitioner after taking instructions from his client makes a statement that the petitioner is ready to file fresh proposal with all the necessary documents within a period of two weeks.

4.

In view of these statements, the petitioner is directed to produce fresh proposal within a period of two weeks to the office of respondent No.10. Thereupon, respondent No.10 to decide the same within a period of three months and communicate the decision so taken on its own merits to the petitioners within a period of one week of the date of the decision.

5.

Writ petition stands disposed of.

[ S. G. CHAPALGAONKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]