Uday Panduran Naik v. Divisional Joint Registrar Co Operative Soc. Kolhapur And ANR

21-wp6537-6538-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6537 OF 2024 VAIBHAV RAMESH JADHAV WITH WRIT PETITION NO.6538 OF 2024 by VAIBHAV RAMESH JADHAV Date: 2024.05.06 14:28:41 +0530 Uday Pandurang Naik ... Petitioner V/s.

Divisional Joint Registrar, Cooperative Societies, Kolhapur & Ors.

... Respondents Mr. Ruturaj Pawar for the petitioner.

Mr. J.P. Patil, AGP for the State in WP/6537/2024. Ms. M.S. Srivastava, AGP for the State in WP/6538/2024.

Mr. Deepak Lad for respondent No.3.

CORAM

: AMIT BORKAR, J.

DATED : MAY 6, 2024 P.C.:

1.

Prima facie the petitioner is a grandson of original member. The proceedings under Section 35 read with Rules 28 and 29 of the Maharashtra Cooperative Societies Act, 1960 and Maharashtra Cooperative Societies Rules, 1961 were not approved by the Registrar. Therefore, prima facie the petitioner was entitled to the membership based on transmission of rights unless it is shown that somebody else had inherited the grandfather's rights. Hence, the petitioner has made out a case for grant of ad-interim relief.

21-wp6537-6538-2024.doc 2.

Issue notice to respondent No.3, returnable on 24 June 2024.

3.

Until further orders, there shall be ad-interim relief in terms of prayer clause (c).

(AMIT BORKAR, J.)