Zopadpatti Adiwasi Grihanirman Sahakari Sanstha, Ltd. Through Secretary Vijay N. Meshram v. The State Minister(Cooperation),Mumbai And Others

1601caw3588.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAW) No.3588 of 2014 In Writ Petition No.1262 of 2001 (Decided) (Zopadpatti Adiwasi Grihanirman Sahakari Sanstha Limited, Nagpur v. The State Minister (Co-operation), Mantralaya, Mumbai-32, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.P. Kshirsagar, Advocate for Applicant. Shri Neeraj Patil, AGP for Non-Applicant Nos.1 to 3. Shri R.S. Kalangiwale, Advocate for Non-Applicant Nos.4 to 14 and 17.

Coram : R.K. Deshpande, J.

th January, 2015 Dated : 16 It is urged by the learned counsel for the applicant that in view of the subsequent events, the Government is considering the proposal submitted by the applicant-Society. However, in view of the judgment delivered by this Court, it is possible that the said proposal may not be considered by the Government. This Court has already observed in para 3 of the judgment as under :

"3.

Shri Kshirsagar, the learned counsel appearing for the petitioner submits that the

1601caw3588.14.odt Government has allotted certain land to the petitionerSociety and the members have occupied it and they have made constructions thereon. However, there is nothing placed on record to substantiate such a plea. Be that as it may, the present petition proceeds on the basis of the record, which has been considered by the authorities below, and if the petitioner-Society has any other remedy, it is at liberty to avail the same."

If the controversy now raised is covered by para 3 of the judgment, then the judgment delivered by this Court shall not come in the way of the applicant-Society.

The civil application is disposed of accordingly. Judge.

Lanjewar