The Maldhur Sewa Sahakari Society Ltd., Maldhur Thr. Its President v. The Divisional Joint Registrar, For Cooperative Societies, Amravati And Others

25-wp-114-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 114 of 2019 The Maldhur Sewa Sahakari Society Limited, Maldhur, Amravati through its President

Versus

The Divisional Joint Registrar for Co-operative Societies, Amravati 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 V.G.Bhamburkar, Advocate for the petitioner. Ms. Mayuri Deshmukh, AGP for the respondent nos. 1 and 2. Shri R.D.Wakode, Advocate for the respondent no.3. CORAM : ANIL S. KILOR, J.

DATED : 30th APRIL, 2024.

Heard.

2.

On a recommendation of the Inquiry Officer in an inquiry conducted against the respondent no.3, a recovery was directed.

3.

Thereupon, the respondent no.3 claiming that the amount was paid to the petitioner-society, made a request to the Assistant Registrar, Co-operative Societies, Tiosa to direct the petitioner-society to issue no objection so that the respondent no.3 can claim gratuity amount. The said request was accepted by the Assistant Registrar, Co-operative Societies, Tiosa by issuing direction vide impugned order dated 24th July, 2017.

SKNair

25-wp-114-19.odt 4.

The petitioner feeling aggrieved by the said order, filed a revision application before the Divisional Joint Registrar, Co-operative Societies, Amravati under Section 154 of the Maharashtra Co-operative Societies Act, 1960.

5.

The said revision came to be dismissed vide impugned order dated 8th May, 2018 and thereafter the petitioner-society in compliance with the above referred both the orders issued certificate declaring that there is no amount recoverable from the respondent no.3 and he is entitled to receive the gratuity amount. This certificate was issued on 24th July, 2018 and thereafter the present writ petition came to be filed on 25th October, 2018.

6.

Infact, once such certificate was issued and the impugned orders are complied with, nothing survives in the present writ petition.

7.

The Certificate categorically states that there is no amount recoverable from the respondent no.3. In the circumstances, as nothing survives in the present writ petition, the writ petition is disposed. [ANIL S. KILOR, J.] SKNair