Shrikant Appaso Pawar And ANR v. State Of Maharashtra Thr Minister For Co Op And ORS

skn 1 7-WP-15753.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 15753 OF 2023 Shrikant Appaso Pawar and another.

...

Petitioners.

V/s.

State of Maharashtra and others.

...

Respondents.

Mr.Umesh R.Mankapure for the Petitioners.

Mr.B.V.Samant, Addl.GP with Mr.M.M.Pabale, AGP for Respondent Nos.1 to 3.

Mr.Dilip Shinde for Respondent No.4.

SANJAY KASHINATH NANOSKAR CORAM :

NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

SANJAY KASHINATH NANOSKAR Date: 2023.12.22 17:45:46 +0530 DATE :

20 December 2023.

P.C. :

This petition is filed making a grievance which is repeatedly made before us in several matters that the revision application and stay application filed against the order dated 6 November 2023 is not being decided by the State- Minister for Cooperation (Marketing).

2.

Matter was called out in the morning session and kept back for the learned Additional Government Pleader to take instructions. The learned Additional GP states that two months time may be granted to decide the stay application and the revision

skn 2 7-WP-15753.2023.doc application. By the impugned order, Respondent No.2Commissioner for Co-operation directed that the Petitioners be removed from the board of Respondent No.4 Bank as Expert Directors who, we are informed that, were functioning since 8 August 2022.

3.

If the statute provides Revision and the Revisional Authority is not available, it cannot be expected that the High Court should function as Revisional Authority. There should be a coordination between the Revisional Authority and the Original Authority in this regard. If in this case the revision cannot be decided within two months, then the Original Authority must issue suitable directions or take such steps so that the party is not rendered remediless. We, therefore, direct the Petitioners to approach Respondent No.2 for necessary directions in this situation. 4.

Considering the fact that number of petitions are filed with similar grievances, time has come that State Government to explore possibility of hearing such appeals/ revision applications by extending Video Conferencing facility.

5.

With these observations, writ petition is disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)