Jaishriram Urban Credit Co-Operative Society Limited, Nagpur Through Its President v. Union Of India, Thr.Ministry Of Agricultural And Dept. Of Agri. And Co-Operation, Thr.Secy. And Oth

2706wp6663.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6663/2014 Jaishriram Urban Credit Co-operative Society Limited, Nagpur through its President ...Versus...

Union of India, Through Ministry of Agricultural & Department of Agriculture & Co-operation Through its Secretary, Krushi Bhavan, New Delhi and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.V. Siras, Advocate for petitioner Shri A.M. Joshi, Advocate for respondent nos.1 and 2 Shri V.P. Maldhure, AGP for respondent no.3 CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 27.06.2016 By this petition, the petitioner challenges the order of the respondent no.2, dated 29.8.2014 rejecting the proposal of the petitioner for permission to be registered as a Multi State Cooperative Society in view of the refusal on the part of the respondent no.3 - Commissioner for Cooperation and Registrar of Cooperative Societies, Madhya Pradesh to do so. Shri A.M. Joshi, the learned Counsel for the respondent nos.1 and 2 raises a preliminary objection to the tenability of the writ petition at the Nagpur Bench of the Bombay High Court. It is stated that in fact, the petitioner is seeking a direction against the respondent no.3 - Commissioner for

2706wp6663.14.odt Cooperation and Registrar of Cooperative Societies, Madhya Pradesh to grant no objection to the petitioner to be registered as Multi State Cooperative Society. It is stated that since the Registrar from the State of Maharashtra has granted approval and since the impugned order is passed in view of the refusal on the part of the respondent no.3 - Commissioner for Cooperation and Registrar of Cooperative Societies, Madhya Pradesh, it would be necessary for the petitioner to file appropriate proceedings in the High Court at Madhya Pradesh.

In the circumstances of the case, we uphold the preliminary objection raised on behalf of the respondent nos.1 and 2 and decline to entertain the writ petition at the Nagpur Bench. The petitioner is free to take up appropriate proceedings in Madhya Pradesh.

The writ petition stands disposed of with no order as to costs. The points raised in the petition are kept open. JUDGE JUDGE Wadkar