Bombay High CourtWP/2193/2015dispossed offdismiss for default

Shri Pandurang S/O Shayamraoji Deshmukh And 6 Others v. State Of Maharashtra, Through Its Secretary For Ministry Of Co-Operation And Textiles And 4 Others

2016-03-14Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1403wp2193.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2193 OF 2015 (Shri Pandurang s/o Shayamraoji Deshmukh & Ors. vs. State of Maharashtra thr. its Secretary, Ministry of Co-operation & Textiles & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

MARCH 14, 2016.

Heard Shri Ghare, learned counsel for the petitioners, Ms. Rane, learned AGP for the respondents. Shri Gopal Sharma, learned counsel appears for the proposed intervenor in CAW No. 2308 of 2015. The application is filed on 10.06.2015.

The facts show that initially, a show cause notice was issued to Goji Vividh Karyakari Seva Sahakari Sanstha Maryadit, Goji, contending that more than 50% of its Committee members have resigned and posts are vacant. It was questioned before this Court in present writ petition and this Court then stayed the proposed action. The tenure of elected body then expired and attempt was made to appoint Administrator. The appointment of Administrator was questioned by filing Civil Application for amendment. The amendment application was allowed and Administrator, therefore, could not take charge.

During the pendency of petition, the petitioners stated that on 09.06.2015, the elections due have taken place and fresh/ new body has now assumed charge.

1403wp2193.15 It is, therefore, apparent that the earlier show cause notice or then appointment of Administrator cannot survive.

As noted supra, Civil Application (W) No. 2308 of 2015 has been filed on 10.06.2015. The application does not make mention of the elections of which result was declared on 09.06.2015.

In this situation, due to passage of time and subsequent events, the challenge is rendered infructuous. We, therefore, dispose of the writ petition as infructuous. However, there shall be no order as to costs. Civil Application is also disposed of.

JUDGE JUDGE *GS.