Hanuman Vividh Karyakari Sahakari (Vikas) Seva Sanstha Maryadit v. The State Of Maharashtra Thr. The Hon. Minister Department Of Cooperation And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai WRIT PETITION NO. 14251 OF 2023 Hanuman Vividh Karyakari Sahakari ...

Petitioner (Vikas) Seva Sanstha Maryadit Vs.

The State of Maharashtra through ...

Respondents Hon. Minister Department of Cooperation and Others Mr. S. S. Patwardhan i/b. Mr. Mrinal A. Shelar for the Petitioner. Mr. Surel S. Shah for the Respondent No.4.

Mr. P. P. Kakade, GP a/w. Ms. V. S. Nimbalkar, AGP for the Respondent Nos. 1 and 2.

CORAM : GAURI GODSE, J.

DATE :

5th MARCH 2024 P.C.

1.

This petition takes an exception to the order dated 1st June 2023 passed by the learned Minister in Revision Application No. 478 of 2022. The main ground of challenge amongst other grounds in the petition is that the said order was passed without impleading the petitioner as a necessary party.

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.03.08 09:56:52 +0530 RAJESHWARI RAMESH PILLAI 1/3

2.

Considering the main objection that the impugned order is passed without impleading the petitioner as party respondent, learned counsel appearing for respondent no. 4 on instructions submits that the matter be remitted back to the learned minister and respondent no. 4 be permitted to add the petitioner as party respondent in the revision application.

3.

In view of the submissions made on behalf of respondent no. 4, that the petitioner would be made a party to the revision application, without going into the other grounds raised in the petition, in my view, the writ petition can be disposed of by remitting the matter back to the learned minister for deciding it afresh.

4.

In view of the statement made on behalf of respondent no. 4, the petition is partly allowed by passing following order : (i) Order dated 1st June 2023 passed by the learned minister in Revision Application No. 478 of 2022 is quashed and set aside. (ii) Revision Application No. 478 of 2022 is restored to the file of the learned minister - respondent no. 1 for deciding it afresh. 2/3

(iii) Respondent no. 4 is permitted to add the petitioner as party respondent in the Revision Application No. 478 of 2022. (iv) Petitioner will be at liberty to file reply to oppose the revision application.

(v) It is clarified that I have not examined the rival contentions of the parties on merits. Hence, all contentions of all parties on merits are kept open.

(vi) Parties to appear before the concerned learned minister on 12th March 2024, and accordingly the schedule of hearing may be fixed as per the convenience of the learned minister. (vii) Writ Petition is disposed of in the above terms. (viii) Parties are at liberty to make appropriate application before the learned minister for expeditious hearing. [GAURI GODSE, J.] 3/3