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Bombay High CourtWP/1452/2026disposed off

Sadguru Sahakari Doodh Utpadak Vyavsayik Sanstha Maryadit Thr. Its Chairman v. The State Of Maharashtra Thr. Its Principle Secretary Dairy Development Dept. And ORS.

2026-04-30Hon'Ble Shri Justice Madhav J. Jamdar , Hon'Ble Shri Justice Pravin Sheshrao Patil4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1452/2026 WITH INTERIM APPLICATION (ST) NO.2672/2026 Shri. Sadguru Sahakari Doodh Utpadak Vyavsayik Sanstha Maryadit, thr. Its Chairman Vs.

The State of Maharashtra and ors.

.............

Mr. Drupad S. Patil (thr. V.C.) a/w Mr. Dheeraj D. Patil, a/w Mr. R.S. Chougule, Advocate for the Petitioner Mrs. Neha Bhide, GP a/w Mr. Kedar Dighe, a/w Ms T.J. Kapre, AGP for the Respondent - State.

Mr. Dilip Bodake, Advocate for respondent Nos. 5 and 6 WITH WRIT PETITION NO. 1621/2026 Hanuman Sahakari Doodh Vyavsayik Sanstha Maryadit thr. Its Chairman and others Vs.

The State of Maharashtra and ors.

.............

Mr. Drupad S. Patil (thr. V.C.) a/w Mr. Dheeraj D. Patil, a/w Mr. R.S. Chougule, Advocate for the Petitioner Mrs. Neha Bhide, GP a/w Mr. Kedar Dighe, a/w Ms T.J. Kapre, AGP for the Respondent - State.

Mr. S.S. Patwardhan, a/w Mr. B.R. Mandlik, Advocate for respondent No.4 Mr. Dilip Bodake, Advocate for respondent Nos. 5 and 6 .............

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 30.04.2026.

P. C. :

1.

In these Writ Petitions, the petitioners are seeking following relief in prayer Clauses- (a) and (b):

Dza. This Hon'ble Court be pleased to issue a Writ of Mandamus and/or any other writ in nature of Mandamus and thereby directing Respondent No. 2 to expeditiously pass final orders in liquidation proceedings initiated as against the Petitioner and in respect of which interim liquidation order has been passed being 'Exhibit-B' to this Petition.

b. This Hon'ble court be pleased issue a Writ of Mandamus and/or any other writ in nature of Mandamus and thereby directing Respondent No. 5 & 6 not to finalize the voters list to be prepared for the upcoming elections of Respondent No. 4 Sangh, till the final decision in the liquidation proceedings initiated by Respondent No.2 as against the Petitioner.dz 2.

We have disposed of Writ Petition St. No.2804/2026 by separate order passed today. In the said Writ Petition, affidavit-in-reply of Krishna Sakharam Thakare, Assistant Registrar, Co-operative Society (Dairy), Kolhapur was filed on 28.04.2026 and Paragraph No.5 of the said affidavitin-reply is relevant which reads as under: Dz5. I say that the provisional voters list would be prepared depending upon the result of winding up proceedings pending before the Assistant Registrar, Co-operative Societies (Dairy), Kolhapur. If the interim orders of winding up passed on 9th and 10th November 2023 are confirmed the names of all such primary milk co-operative societies would not be included in the provisional voters' list.

However, if the interim orders of winding up are vacated after hearing all such primary milk co- operative societies, the names of all such primary milk co- operative societies would be included in the provisional voters list. The Kolhapur Zilla Sahkari Doodh Uptapadak Sangh Maryadit would be directed to prepare a fresh list of voters on the basis of orders passed in winding up proceedings by the Assistant Registrar, Co-operative Societies (Dairy), Kolhapur.

Uptapadak Sangh Maryadit as per the revised provisional list of voters.dz 3.

We have also disposed of Writ Petition No. 1507/2026 by separate order passed today. Paragraph No. 4 to 7 of said order passed in Writ Petition No. 1507/2026 are relevant, which reads as under: Dz4.

It is admitted position that members of respondent No.5-The Kolhapur Zilla Sahkari Doodh Uptapadak Sangh Ltd., are the primary Dairy Societies. Admittedly, about 5470 societies are the voters in the election of respondent No.5- The Kolhapur Zilla Sahkari Doodh Uptapadak Sangh Ltd., and out of that with respect to about 1320 societies, interim order of winding up has been passed on 09.11.2023 and 10.11.2023 and now the State of Maharashtra is hearing these societies for passing final orders. Thus, about 24% of the societies, which constitutes electorate in the election of Respondent No.5 Societies are facing the winding up proceedings. Thus, we passed the order in terms of paragraph No.5 of said affidavit-in-reply dated 28.04.2026 of Assistant Registrar, Co-operative Society (Dairy), Kolhapur, filed in Writ Petition St. No.2804/2026. The said paragraph no. 5 is set out hereinabove and the same is very clear.

5.

Mr. Kedar Dighe, learned Additional Government Pleader states that within a period of 80 days, the hearing with respect to confirmation of interim orders of winding up passed against these 1320 societies will be completed and final orders will be passed. He states that as far as about 267 such societies are concerned final orders are already passed. 6.

Thus, we direct the Assistant Registrar, Co-operative Society (Dairy), Kolhapur, to complete hearing and pass appropriate orders by giving personal hearing to all such primary dairy societies in accordance with law. Such exercise be completed as expeditiously as possible and in any case within 80 days as per the statement made on instructions by the learned Additional Government Pleader.

7.

After the above exercise is over, the respondent No.4- State Co-operative Election Authority to conduct the election of respondent No.5- Kolhapur Zilla Sahakari Dudh Utpadak Sangha Ltd., in accordance with law. dz 4.

Accordingly, both Writ Petitions are disposed of in terms of paragraph No.5 of the affidavit-in-reply of the Assistant Registrar, Cooperative Society (Dairy), Kolhapur, dated 28.04.2026 and in terms of the

order passed in Writ Petition No. 1507/2026.

5.

In view of the disposal of the Writ Petitions, nothing survives in the interim application and the same stands disposed of. RANJANA SAMEER SAHARE RANJANA SAMEER SAHARE Date: 2026.05.02 18:38:55 +0530 [PRAVIN S. PATIL, J.] [MADHAV J. JAMDAR, J.] R.S. Sahare