Mohan Uttamrao Ingle And Others v. District Deputy Registrar, Co-Operative Society, Amravati

WP6401.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 6401 OF 2019 Mohan Uttamrao Ingle and others Vs.

District Deputy Registrar, Co.Op. Society, Amravati ----------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order None for petitioner Mr. S.M.Ghodeswar, AGP for respondent CORAM :- AVINASH G. GHAROTE, J.

DATED :- 08.03.2021 None for petitioner.

Mr. Ghodeswar, learned AGP appearing for respondent submits that u/s 45(1) of the A.P.M.C Act, 1963, there is no provision made permitting a party to lead evidence and therefore, the action on part of the respondent, as impugned, is correct. A perusal of the provision as contained in Section 45(1) of the A.P.M.C. Act, 1963, indicates that what is provided is an opportunity of rendering an explanation and nothing else, which explanation has to be considered before passing an order of super-session. The impugned order categorically records this position while rejecting the request of the petitioners for examining as many as 24 witnesses, which in absence of any such requirement in

WP6401.19.odt Section 45(1) of A.P.M.C. Act has rightly been disallowed. There is no fault in the impugned order passed by the respondent. The petition, therefore, being without any merits, is hereby dismissed.

JUDGE Rvjalit Digitally signed by Rajesh Jalit Date:

2021.03.09 16:15:08 +0530 Rajesh Jalit