Jitendra Mehta v. State Of Maharashtra Through Govt. Pleader High Court

23-WP-1984-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1984 OF 2024 Jitendra Mehta

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

Mr. Arun Panicker a/w. Mr. Vinay Nair, Advocates, for the Petitioner.

Ms. Kashmira S. Bharucha i/b. Mr. Prasad L. Gajbhiye, Advocate, for the Respondent No.5.

Mr. Milind More, Addl. G.P., a/w. Ms. Uma Palsuledesai, AGP, for the Respondent Nos.1 to 3.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

30th JULY 2024 P. C.:

1.

By the present Writ Petition filed under Article 226 of the Constitution of the India, the Petitioner is challenging the legality and validity of Order dated 17th May 2023 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai in Appeal No.311 of 2021.

2.

At the outset, Mr. More, learned Additional Government Pleader appearing for the Respondent Nos. 1 to 3 as well as Ms. Bharucha, learned Counsel appearing for the Respondent No.5 Sonali

23-WP-1984-2024.DOC state that there is an alternate remedy of an Appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 to the State Government.

3.

In view of the above objection regarding alternate remedy of an Appeal, Mr. Panickar, learned Counsel appearing for the Petitioner seeks withdrawal of the Writ Petition with liberty to adopt appropriate proceedings.

4.

Accordingly, the Writ Petition is allowed to be withdrawn and disposed of as such.

5.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2024.07.30 17:30:46 +0530 SONALI MILIND PATIL Sonali