Sunil Motiramji Ingle And Another v. District Deputy Registrar, Co-Operative Osciety, Akola And ORS.

(1) 13wp638.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.638/2025 Sunil Motiramji Ingle and anr. .Vs. District Deputy Registrar, Cooperative Society, Akola and Others.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N. A. Gawande, Advocate for petitioners.

CORAM :

ANIL L. PANSARE, J.

DATE :

FEBRUARY 5, 2025 Heard.

2.

Petitioners have been removed from the post of Member of Managing Committee of respondent No.3 - Agriculture Produce Market Committee, Telhara, District Akola by the impugned order passed under Section 45 of the Maharashtra Agriculture Produce Marketing (Development and Regulations) Act, 1963, by respondent No.1 - District Deputy Registrar.

3.

It appears that the District Deputy Registrar, has relied upon the report dated 07.01.2025 submitted by respondent No.2 - Assistant Registrar. This report was challenged by the petitioners before the Divisional Joint Registrar by filing revision under Section 43 of the Act of 1963. Despite such status, respondent No.1 has passed the impugned order, without giving an opportunity of hearing to the petitioners, on the ground that the Divisional Joint Registrar has not stayed the report submitted by Assistant Registrar. 4.

Issue notice before admission to the respondents, returnable in four weeks.

(2) 13wp638.25 5.

Ms K. P. Marpakwar, learned A.G.P. waives service of notice for respondent Nos.1 and 2 - State.

6.

In the meantime, there shall be ad interim relief in terms of prayer clause (b), which reads thus:

"(b) Grant ad-interim stay to the effect and execution of the impugned order dated 30.01.2025 passed by respondent no.1 District Deputy Registrar, Co-operative Societies, Akola vide Annexure-K during the pendency of this petition by allowing the petitioners to work as a Chairman and Deputy Chairman of respondent no.3 Agriculture Produce Market Committee, Telhara, Tq. Telhara, Dist. Akola."

(Anil L. Pansare, J.) Kahale