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Bombay High CourtWP/1600/2022disposed off

Sitaram S/O Hanumanta Kakde v. State Of Maharashtra, Thr. Divisional Joint Registrar, Co-Operative Societies, Amravati And Others

2022-03-22Hon'Ble Shri Justice Rohit Baban Deo2 pages

wp1600.22.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

(Sitaram s/o Hanumanta Kakde Vs. State of Maharashtra thr. Divisional Joint Registrar, Co-operative Societies, Amravati and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. M. P. Kariya, Advocate for Petitioner.

Mr. S. M. Ukey, Addl. GP for Respondents 1 & 2/State. CORAM: ROHIT B. DEO , J.

DATE: 22 nd MARCH, .

I note that the revision which is preferred and decided by the authority was incomplete, to say the least. The co-operative society was not a party, and such an objection was taken by the Special Recovery Officer. The person in whose favour the auction sale is confirmed was also not a party. However, the revisionsal authority has observed that no interference is necessary since the sale is complete, the correctness of which observation is debatable. 2.

Considering that the necessary parties were not before the revisional authority, the learned counsel Mr. Kariya seeks leave to withdraw this petition with liberty to prefer fresh revision application impleading all necessary parties and with proper pleadings.

3.

The petition is disposed of with liberty as prayed.

wp1600.22.O.odt 4.

If a complete revision application is preferred in the next thirty days, the revisional authority shall decide the same preferably within the next three months from the date of service to all the non-applicants.

JUDGE NSN SHIVNARAYAN NIKHARE