Bombay High CourtWP/4915/2022disposed off as a withdrawn

Sunil Shyamrao Kasturwar v. Divisional Joint Registrar, Cooperative Societies, Nagpur And Others

2022-09-14Hon'Ble Shri Justice Manish Pitale2 pages

1 921-wp 4915-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4915 OF 2022 Sunil Shyamrao Kasturwar Vs. Divisional Joint Registrar & Ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.S. Kurekar, Advocate for Petitioner Ms. M.A. Barabde, AGP for Respondent Nos.1 & 2 CORAM : MANISH PITALE, J.

DATE : 14th SEPTEMBER, 2022 When this petition is called out for hearing, Ms. Barabde, learned Assistant Government Pleader has relied upon orders of this Court passed in Writ Petition No.2538/2017 (Ajit Singh Vs. Saradar Sukhbir Singh & Ors.) and Writ Petition No.865/2018 (Janakrao Ramraoji Tekade Vs. Registrar of Money Lenders and others) dated 02/12/2019 and 13/04/2022 respectively. It is submitted that in both these orders, this Court has held that in order to challenge the orders of the nature that have been challenged in this petition, remedy of filing a revision application before the Registrar General under Section 9 of the Maharashtra Money Lending (Regulation) Act, 2014, is available and that, therefore, the petitioners ought to avail of the remedy.

In view of the above, Mr. Rahul Kurekar, learned counsel appearing for the petitioners seeks permission to MP Deshpande

2 921-wp 4915-22 withdraw the present writ petition with liberty to file revision application before the Registrar General under Section 9 of the aforesaid Act in order to challenge the impugned order. 3.

In view of the above, the writ petition is disposed of as withdrawn with liberty as aforesaid.

The Competent Authority considering the revision application under Section 9 of the said Act shall take into account pendency of the present writ petition before this Court while entertaining the revision application, if the same is filed within six weeks from today.

JUDGE P DESHPANDE 18:11 MP Deshpande