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Bombay High CourtWP/99/2016dismissedrule discharged

Namdeo S/O Eknath Mohadkar And Others v. The State Of Maharashtra Thr Its Secretary Cooperation Textile And Market Dept Mumbai And Others

2016-01-08Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.99/2016 Namdeo s/o Eknath Mohadkar and others ..Versus..

The State of Maharashtra, through its Secretary and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 8.1.2016 Heard Shri Abhay Sambre, advocate for the petitioners and Ms. S.S. Jachak, A.G.P. for respondents 1, 2 and 3. The grievance of the petitioners is that their names have been illegally excluded from the voters' list on the ground that the petitioners are defaulters and disputes are filed by the respondent no.4 - Bank against the petitioners which are pending before the Co-operative Court, for recovery of the amount. It is undisputed that the petitioners have not submitted "no due certificate" to substantiate that they are not defaulters and their names should be included in the voters' list. The disputed questions of facts are involved and, therefore, this writ petition cannot be entertained. Writ Petition is dismissed. In the

2 wp99.16 circumstances, the parties to bear their own costs. The petitioners will be at liberty to avail appropriate remedy according to law, if so advised.

JUDGE Tambaskar.