Kisan Vitthal Borate And Others v. The Honble Minister State Of Maharashtra And Others
16-wp7057.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 7057 OF 2025 Kisan Vitthal Borate and ors.
..Petitioners vs.
State of Maharashtra and ors.
..Respondents ---- Mr.R.R.Karpe, Advocate for petitioners Mrs.M.L.Sangit, AGP for respondent nos.1 to 3 ---- CORAM : AJIT B. KADETHANKAR, J.
DATE : MARCH 04, 2026 ORDER :- Instead of arguing the petition on merits, Mr.Rahul Karpe, learned counsel for the petitioners, would make a fair submission that the appeal filed by the petitioners under Section 152 of the Maharashtra Co-operative Societies Act, 1960 ("Act of 1960" for brevity) may be directed to be decided on its own merits within a time bound manner. He would submit that the application for stay filed by the petitioners in the appeal under Section 152 of the Act of 1960 has been turned down by the Divisional Jt. Registrar, Co-operative Societies, Nashik Division, Nashik. That, the revision preferred by the petitioners before the Hon'ble Minister, Department of Co-operation, Mantralaya, Mumbai has also been rejected and as such the present petition is filed by the petitioners.
16-wp7057.2025 2.
Mr.Karpe, learned counsel for the petitioners, would further submit that in the meantime, the present petitioner nos.1 to 3 have been disqualified by the co-operative authorities and rest of the petitioners do apprehend that they would also be disqualified. On this backdrop, Mr.Karpe, learned counsel for the petitioners has made fair statement to direct the concerned authority i.e. Joint Registrar, Co-operative Societies, Nashik Division, Nashik, to decide the petitioners' appeal under Section 152 of the 1960 Act within time bound manner.
3.
Learned AGP would agree to such fair submission made by learned counsel for the petitioners.
4.
In view of the above, the Writ Petition stands disposed of with a direction to the respondent no.2 - Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik, to decide the petitioners' appeal under Section 152 of the Act of 1960, within a period of three months from today.
5.
If an application is filed by the petitioners with the authority, seeking protection against any coercive action, the
16-wp7057.2025 concerned authority shall decide such application and pass appropriate order considering the pendency of the main appeal under Section 152 of the Act of 1960.
[AJIT B. KADETHANKAR, J.] KBP