Nagthana Fisheries Co-Operative Society Ltd., Warud Thr. Its President, Arun Gulabrao Pohane v. State Of Maha. Thr. Commissioner Of Fisheries Cum Asst. Registrar Co-Op. Socities, Mumbai And ORS

2024:BHC-NAG:8763

3. MCA 1177 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO.1177/2023 IN WRIT PETITION NO.136/2019 (D) Nagthana Fisheries Cooperative Society, Ltd. Warud, Dist. Amravati, through President ...Versus...

The State of Maharashtra through Commissioner of Fisheries cum Assistant Registrar, Cooperative Societies (Fisheries), Maharashtra State, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. O.A. Ghare, Advocate for applicant Ms Sonia Thakur, AGP for respondent nos.1 to 4/State Mr. T.U. Tathod, Advocate h/f Mr. C.R. Sharma, Advocate for respondent no.5 CORAM : AVINASH G. GHAROTE, J.

DATE : 09/08/2024 1.

Heard Mr. O.A. Ghare, learned counsel for the applicant, Ms Sonia Thakur, learned Assistant Government Pleader for respondent nos.1 to 4 and Mr. T.U. Tathod, learned counsel holding for Mr. C.R. Sharma, learned counsel for respondent no.5.

2.

The judgment dated 09/10/2023 was passed on the basis of the statement made by the learned Assistant Government Pleader that the post of Joint Registrar and Additional Registrar were not equivalent, in view of which,

3. MCA 1177 of 2023.odt since the order impugned was passed by the Additional Registrar, the same was set aside.

3.

By a communication, dated 30/10/2023 the authorities have admitted the position that the post of Additional Registrar is higher and above the post of Joint Registrar in hierarchy, as is indicated in Section 3 of the Maharashtra Co-operative Societies, Act, 1960, in view of which, the judgment dated 09/10/2023, passed by this Court is hereby reviewed and the original petition is restored to file. List the petition before the appropriate Bench. 4.

The Misc. Civil Application is disposed of accordingly. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar