Arun Sitaram Chambhare v. State Of Maharashtra Thr. Its Secretary Ministry Of Animal Husbandry And Dairy Dev. And ORS

47 wp 10827 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10827 OF 2025 Arun Sitaram Chambhare ...

Petitioner versus State of Maharashtra and Ors.

...

Respondents Mr. Girish Godbole, Sr. Advocate i/by Mr. Sumit Kothari for Petitioner. Ms. P.J.Gavhane, AGP for Respondent Nos.1 to 3. Ms.S..S.Panchpor with Ms. Pradnya Borhade, for Respondent No.4 Mr. Kishor Patil with Ms. Akshada Nagrale i/by Mr. Valmiky Narvekar, for Respondent No.5.

CORAM: N.J.JAMADAR, J.

DATE :

8 AUGUST 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 28 July 2025, whereby the Minister allowed the Revision Application No.104 of 2024 by setting aside the order dated 12 October 2023, passed by the Divisional Joint Registrar, and thereby confirmed the order passed by the Deputy Registrar passed on 16 June 2023 removing the Petitioner from the post of Director of Pune District Co-op. Dudh Utpadak Sangh, Pune, in exercise of the powers under Section 78A(1)(b) of the Maharashtra Co-operative Societies Act, 1960. 3.

The material on record indicates that, one of the grounds on which the Deputy Registrar directed the removal of the Petitioner was agitated in an earlier round of litigation and the said issue of the Petitioner having SSP 1/2

47 wp 10827 of 2025.doc transactions with the firm, of which his nephew was the proprietor, was answered in favour of the Petitioner. Thus, the question whether in the face of the said judicial determination, the Minister could have passed the impugned order and set aside the order passed by the Appellate Authority, arises for consideration.

4.

Issue notice to the Respondents, returnable on 12 September 2025. 5.

Mr. Gavhane, learned AGP, waives service for Respondent Nos.1 to 3, Mr. Panchpor waives service for Respondent No.4 and Mr. Patil waives service for Respondent No.5.

6.

The Respondents are at liberty to file affidavits in reply within a period of three weeks and serve its copies on the Petitioner. 7.

Rejoinder, if any, be filed within a period of two weeks thereafter. 8.

In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (c) of the Petition.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/08/2025 10:57:59