Deepak S/O Prakash Bawangade And Another v. The Deputy Registrar, Co-Operative Societies City-3 And Another

939.wp.2917.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2917 of 2021 Deepak s/o Prakash Bawangade and another vs.

The Deputy Registrar, Co-operative Societies and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. M.P. Dhavan h/f Mr. N.L. Jaiswal, Advocate for the Petitioners. Mr. A.S. Fulzele, A.G.P. for Respondent No.1. Mr. Abhay Giri h/f Mr. S.K. Tambde, Advocate for Respondent No.2. CORAM : A.S. CHANDURKAR AND M.W. CHANDWANI, J J.

DATE : 14 th MARCH, .

Heard.

02] The grievance of the petitioners, who are members of respondent No.2-Cooperative Society, is that despite representation dated 27/03/2019 issued by them for taking necessary action to cancel the membership of 112 newly added members as well as for cancellation of the allotment and transfer of plots to 468 members, no steps in that direction are being taken by respondent No.1.

03] In the reply filed on behalf of respondent No.1, it has been stated that after receiving such representation, notices were issued to about 427 members out of 432 members so as to take steps to remove their names from the membership register. Directions have also been issued under Section 79-A(1) of the Maharashtra Cooperative Societies Act, 1960 on 02/02/2019 and in compliance of which, the Society has removed the names of 432 nominal members from the membership register. It is further stated in the affidavit dated

939.wp.2917.21 2/2 24/03/2022 that on account of pandemic situation, further action could not be taken.

04] In these facts, since the affidavit filed by respondent No.1 indicates that some steps have been taken pursuant to the petitioners' representation dated 27/03/2019, the writ petition is disposed of by directing respondent No.1 to expeditiously take all necessary steps in terms of the aforesaid representation by following the due process of law. The entire exercise be completed within a period of six months from today. No costs.

(M.W. Chandwani, J.) (A.S. Chandurkar, J.) *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge Date :16.03.2023 15:33