Khandu Shankar Shinde v. The State Of Maharashtra Through The Honble Minister And Others

2025:BHC-AUG:8904 906-WP-1050-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1050 OF 2024 Khandu Shankar Shinde

VERSUS

The State Of Maharashtra Through The Honble Minister And Others *** • Mr. A. N. Irpatgire, Advocate for the Petitioner • Mr. B. A. Shinde, AGP for the Respondent Nos. 1 to 3/State • Mr. S. V. Waghmare h/f Mr. B. S. Bhale, Advocate for the Respondent No. 4 (VC) *** CORAM : R. M. JOSHI, J DATE : MARCH 26, 2025 PER COURT :

1.

Learned Counsel for Respondent No. 4 places on record copy of reply of society and vakalatnama. The same are taken on record and marked as 'X' for identification.

2.

Learned Counsel for Respondent No. 4 had sought time to take instruction as to whether the reply before the Authority was filed by the Petitioner. On instructions, he makes statement that though the reply was filed on behalf of Society, the same is not filed by the Petitioner.

Umesh

906-WP-1050-2024.odt 3.

This indicates that no notice was issued to the Petitioner nor to any other member as contemplated by Section 21-A of the Maharashtra Cooperative Societies Act before passing of the impugned order. In the result, Petition stands allowed in terms of prayer clause 'B'. Proceedings are relegated back to the Additional Registrar, Cooperative Societies, Fisheries for decision afresh after complying with the provisions of Section 21-A of the Maharashtra Cooperative Societies Act.

(R. M. JOSHI, J.) Umesh