Shri. Natthuji Paikanrao Mahurkar v. Divisional Joint Registrar, Co-Operative Society, And Another

2025:BHC-NAG:12435 1 14-wp 8172.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 8172 OF 2019 ( Shri Natthuji Paikanrao Mahurkar vs. Divisional Joint Registrar, Cooperative Society, Nagpur and another ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. P.N.Shende, Advocate for petitioner.

Mr. A.G.Mate, AGP for respondent No.1.

CORAM : SIDDHESHWAR S. THOMBRE, J.

NOVEMBER 18, 2025 1) Heard learned counsel for the respective parties. 2) Learned counsel for the petitioner submits that the petitioner is no more, therefore, he seeks permission to bring the legal heirs of deceased petitioner on record. 3) Permission is granted to bring legal heirs of deceased petitioner on record. The amendment to be carried out forthwith.

4) By way of present petition, the petitioner challenges the order dated 16/10/2019 passed by the Divisional Joint Registrar Co-operative Societies.

5) Learned counsel and learned Assistant Government Pleader points out that the present petition is not maintainable, as the petitioner is having alternate and equally efficacious remedy of filing dispute under Section 91 of the Co-operative Societies Act, 1960.

KOLHE

2 14-wp 8172.2019.odt 6) In view thereof, the petition is disposed of as not maintainable. The petitioner is at liberty to file dispute under Section 91 of the Co-operative Societies Act, 1960 before the Cooperative Court within a period of four weeks from today. 7) As the interim relief was in operational since 13/12/2019, the same shall continue to operate for a period of four weeks from today.

8) Learned Co-operative Court to consider the time spent in prosecuting the present petition while considering the application for condonation of delay.

(SIDDHESHWAR S. THOMBRE, J.) KOLHE