Vandana Nanasaheb Deshmukh v. S.M. Shankarrao Mohite Patil Gramin Bigar Sheti Sahkari Patsanstha Ltd. Thorugh Its Chairman And Or

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2282 OF 2020.

Vandana Nanasaheb Deshmukh

...Petitioner

Vs S.M. Shankarrao Mohite Patil Gramin Bigar Sheti Sahkari Patsanstha Ltd. Thr. Its Chairman and Or.

...Respondent

Mr. Swapnil Vighne i/b Mr. Milind Deshmukh for the Petitioner. Mr. S. D. Rayrikar, AGP for the Respondent-State. CORAM : M. S. KARNIK, J.

DATE : 22nd JANUARY, 2025.

P. C. :

1.

Heard learned counsel for the Petitioner. Learned counsel for the Petitioner sought some time to take instructions. 2.

However considering that the impugned order is dated 11/5/2018 I am not inclined to accede to his request, I therefore called upon the petitioner to argue the petition on merits. 3.

Learned counsel for the petitioner assailing the order dated 11/5/2018 submitted that the property belonging to the petitioner was auctioned in complete contravention of the provisions of law. According to him the Revision Application No.39 of 2018 was 1 of

preferred before learned Divisional Joint Registrar, Cooperative Society Pune, for quashing the auction sale on various grounds. Since the revision was not being heard on merits and as the learned District Deputy Registrar Co-operative Societies, Solapur was proceeding with the auction sale, present petition was filed. 4.

In this view of the matter, present petition can be disposed of by directing the Divisional Joint Registrar, Co-operative Society, Pune to decide the Revision Application No.39 of 2018 expeditiously and in any event within a period of eight weeks from the date this order is placed on record, if not already decided. In case revision application is decided it is always open for the petitioner to take appropriate steps challenging the order in accordance with law if the same is adverse to the petitioner. Apart from this, the petitioner can always resort to remedies available under Maharashtra Cooperative Societies Rules framed under the Act challenging the auction sale.

5.

In view of the above, I am not inclined to entertain the present Petition. Petition is accordingly disposed of. No costs. It is made clear that all contentions of the parties are kept open and I have not 2 of

made observations on the merits of any of the contentions raised in the petition.

[M. S. KARNIK, J.] 3 of