Shri. Rudresh S. Prabhu And 12 ORS. v. The Assistant Registrar Of Co-Op. Societies, Ponda Zone And 3 ORS.

-1IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 524 OF 2016 1.

Shri Rudresh S. Prabhu, major of age, Chairman, Nirankal, Ponda, Goa.

Shri Rajesh K. Desai, major of age age, Vice-Chairman, Apewal, Ponda, Goa.

Shri Bal A. Sahakari, major of age, Secretary Dr. K. Bakhale, 5.

Shri M. A. Sahakari, 6.

Shri Vikas A. Prabhu, Nirankal, Ponda, Goa.

7.

Shri Girish M. Tendulkar,

-2Dabal, Ponda, Goa.

8.

Shri Tulshidas M. Prabhu, Usgao, Ponda, Goa.

9.

Shri Devidas L. Ghate, Kandepar, Ponda, Goa.

10.

Shri Ranganath Satardekar, 11.

Shri Santosh Prabhudesai, Ponda, Goa.

12.

Smt. Kanchan D. Ghate, Khandepar, Ponda, Goa.

13.

through its Secretary, Mr. Bal Sahakari, major, having its office at Ponda, Goa.

...

Petitioners V e r s u s 1.

The Assistant Registrar of Co-op Societies, Ponda Zone, Department of Co-operation, Government of Goa, Ponda, Goa.

-3Shri Narayan B. Borkar, Shri Ravindra Verenkar, Mollem, Ponda, Goa.

Shri Shivdas A. S. Verenkar, Ponda, Goa.

5.

State of Goa, by its Chief Secretary, Secretariat, Porvorim, Goa.

6.

Registrar of Co-operative Societies, Department of Co-operation, Government of Goa, Sahakar Sakul, Patto, Panaji, Goa.

7.

Shri Mahadev Naik, Hon'ble Minister for Co-operation, Government of Goa, Secretariat, Porvorim, Goa.

...

Respondents Mr. A. F. Diniz, Advocate for the Petitioners. Mr. S. D. Lotlikar, Advocate General with Mr. V. Sardessai, Addl. Government Advocate for the Respondent nos. 1 to 3.

Coram :- F. M. REIS, NUTAN D. SARDESSAI, JJ.

Date :

th January, 2017

-4ORAL JUDGMENT Heard Mr. A. F. Diniz, learned Counsel appearing for the Petitioners and Mr. S D. Lotlikar, learned Advocate General appearing for the Respondent nos. 1 to 3.

The above Petition was heard at length and after hearing the matter, it was pointed out by Mr. S. D. Lotlikar, learned Advocate General, that in case the Petitioners withdraw their challenge to the constitutional validity of the provisions of Section 61 and 66 of the State Co-operative Societies Act 2001, the Respondents are inclined to withdraw the subject show cause notice dated 07.04.2016 and proceed to issue a fresh show cause notice to all the concerned parties and take a fresh decision in accordance with law as it was contended by the Petitioners that they were not duly served nor given an adequate hearing on the subject show cause notice.

Mr. A. F. Diniz, learned Counsel appearing for the Petitioners, upon instructions, seeks leave to withdraw the challenge to the constitutional validity of the provisions of Section 61 and 66 of the State Co-operative Societies Act 2001.

-5In view of the above, the following Order is passed by consent :

O R D E R

(i) The impugned Order dated 03.05.2016 as well as the show cause notice dated 07.04.2016 are quashed and set aside.

(ii) The Respondents, if so advised, are at liberty to issue a fresh show cause notice to all the concerned parties and proceed to take a fresh decision after hearing the parties in accordance with law.

(iii) All the contentions of both the parties on merits are left open.

(iv) Rule stands disposed of in the above terms. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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