Koradi Prakalp Matsya Vyavsay Co-Op. So. Ltd., Thr. Chairman, Wasim Khan Habib Khan Pathan v. State Of Maha., Thr. Minister, Co-Op. Society (Fishery), Mumbai

2024:BHC-NAG:12678 81-wp-6515-24(j).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 6515 of 2024 Koradi Prakalp Matsya Vyavsay Co-operative Society Limited, Buldhana

Versus

State of Maharashtra, through the Minister, Co-operative Societies (Fishery), Mantralaya, Mumbai and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.P.Kalmegh, Advocate for the petitioner. Ms. Kalyani Marpakwar, AGP for the respondents/State. Shri C.A.Babrekar, Advocate for the respondent no.6. CORAM : N.R.BORKAR, J.

DATED : 14th NOVEMBER, 2024.

This petition takes exception to the interim order dated 4th October, 2024 passed by the State Government in Fishery Dept-2024/Case No.84/PDM13. 2.

The respondent no.6 herein has filed the revision before the State Government against the order of Deputy Registrar, Co-operative Societies (Fisheries). By the order impugned, the State Government has stayed the order passed by the Deputy Registrar, Cooperative Societies (Fisheries). SKNair

81-wp-6515-24(j).odt 3.

Learned counsel for the petitioner submits that caveat was filed before the State Government and therefore, the State Government ought to have heard the petitioner before passing the order impugned. It is submitted that order impugned cannot be allowed to stand as the same is passed on factually incorrect ground. It is submitted that the impugned order be therefore set aside and the State Government be directed to decide the stay application afresh.

4.

I am not inclined to entertain the present petition against the interim order. However, considering the facts and circumstances, the following order is passed.

i.

The State Government shall decide the revision filed by respondent no.6 within a period of four months from the date of receipt of the copy of this order. ii.

Needless to mention that the State Government shall decide the revision on its own merit without being influenced by the fact that this Court has not interfered with the findings recorded in the impugned order.

5.

The writ petition is disposed of in aforesaid terms.

[N.R.BORKAR, J.] SKNair