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Bombay High CourtWP/699/2015disposed of

Shri Chudgo Rama Gaonkar. v. Registrar Of Co-Operative Societies, Govt. Of Goa And 8 ORS.,

2016-01-27Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 699 OF 2015 SHRI CHUDGO RAMA GAONKAR.

... Petitioner

Versus

REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVT. OF GOA AND 8 ORS., ... Respondents Mr. Shivan Desai, Advocate for the petitioner. Mr. Sagar Dhargalkar, Additional Govt. Advocate for the respondents no.1 to 4.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 27th January, 2016 P.C.:

Heard Mr. Shivan Desai, learned Counsel appearing for the petitioner and Mr. S. Dhargalkar, learned Additional Govt. Advocate appearing for the respondents No.1 to 4.

2. Upon hearing the learned Counsel appearing for the petitioner and the respondents, the main grievance of the petitioner appears to be that no action has been taken against the concerned respondents No.6 to 9 though the Asst. Registrar/respondent No.3 has found irregularities in the accounts of the concerned Society. It has been pointed out that the irregularities noted by the respondent No.3 were to the tune of Rs.2,000/- and odd. Thereafter, in view of the inquiry conducted by the Office of the respondent No.3, a report

WP/699/2015 dated 23.12.2014 was submitted to the Assistant Registrar/respondent No.4. On perusal of the said report, it appears that the irregularities which were noted were basically on account of some error committed by the Computer Operator whilst entering the figures of the price of the milk.

3. Considering that the inquiry has culminated into a decision taken by the respondent No.3 as reflected in the said order, and in the peculiar facts and circumstances of the case, we find that the question of exercising jurisdiction under Article 226 of the Constitution of India in the present case, is not at all justified.

4. As far as the grievance of the petitioner in connection with the election is concerned, the learned Additional Govt. Advocate has produced a Notification, published in the Official Gazette dated 7th January, 2016. Hence, nothing survives on that count. Needless to say, liberty to the petitioner to raise his grievance before any other forum, in accordance with law. All contentions in that regard are left open.

K. L. WADANE, J.

F. M. REIS, J.

ssm.