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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.4242 of 2015
1. Shri Pravinrao Rameshappa Kashikar,
Aged about 47 years,
Occupation - Agriculturist,
Resident of Vilas Nagar,
Cotton Market Road,
Tq. & District Amravati.
2. Shri Suresh Gajananrao Mahalle,
Aged about 64 years,
Occupation - Agriculturist,
R/o Dhamangaon Railway,
Tq. Dhamangaon Railway,
District Amravati.
3. Shri Shriniwas Tryambakrao Deshmukh,
Aged 67 years,
Occupation - Agriculturist,
R/o Gulmohar Colony,
In front of ITI, Virur Road,
Chandur Railway,
Tq. Chandur Railway,
District Amravati.
4. Shri Anant Gunwantrao Sable,
Aged about 43 years,
Occupation - Agriculturist,
Resident of Gurukrupa
Rajashri Sahu Nagar,
Daryapur Road,
Anjangaon Surji,
Tq. Anjangaon Surji,
District Amravati.
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5. Shri Dayaramji Sanu Kale,
Aged 49 years,
Occupation - Agriculturist,
R/o At Post Palsapur,
Tq. Achalpur,
District Amravati.
6. Uttaratai Virendra Jagtap,
Aged 47 years,
Occupation - Housewife,
Resident of Near ITI Virur Road,
Chandur Railway,
Tq. Chandur Railway,
District Amravati.
7. Shri Virendra Walmikrao Jagtap,
Aged 50 years,
Occupation - Agriculture,
Resident of Near ITI Virur Road,
Chandur Railway,
Tq. Chandur Railway,
District Amravati.
8. Shri Aniruddha Subhanrao Deshmukh,
Aged 53 years,
Occupation - Agriculturist,
Resident of Vijay Colony,
Post VMV, Amravati, Tq. & District
Amravati.
9. Shri Sudhakarrao Narayanrao Bharsakle,
Age 54 years,
Occupation - Agriculturist,
R/o At & Post - Gandhi Nagar,
Daryapur, Tq. Daryapur,
District Amravati,
Tahsil and District Amravati. ... Petitioners
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Versus
1. The State of Maharashtra,
through the Department of Co-operation,
Textile and Marketing,
Mantralaya,
Madam Cama Road,
Mumbai 400 032.
2. The Hon'ble Minister for Co-operation,
State of Maharashtra,
Mantralaya,
Madam Cama Road,
Mumbai 400 032.
3. Divisional Joint Registrar of
Cooperative Societies,
Amravati Division,
Amravati,
Office at Kanta Nagar,
Camp, Amravati.
4. Shri Samadhan Sonowane,
Ex-Authorized Officer-cum-Divisional
Deputy Registrar of Co-operative
Society,
now at present
Deputy Chief Executive Officer,
Zilla Parishad, Buldhana.
5. The Amravati District Central
Co-operative Bank Limited,
through its Chief Executive Officer,
Irwin Chowk,
Amravati,
Tahsil and District Amravati. ... Respondents
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Shri A.A. Naik, Advocate for Petitioners.
Shri D.P. Thakre, Assistant Government Pleader for Respondent
Nos.1 to 3.
Shri J.B. Kasat, Advocate for Respondent No.5.
Coram : R.K. Deshpande & M.G. Giratkar, JJ.
rd Date : 3 November, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. On 27-7-2015, this Court passed an order as under :
" Heard Mr. A.A. Naik, the learned Counsel for the petitioners.
Issue notice of final disposal, returnable on 10th of August, 2015.
Ms. N.P. Mehta, the learned A.P.P. waives service for respondent nos.1 to 3.
Mr. Naik, the learned Counsel for the petitioners has drawn our attention to the order passed by the Hon'ble Minister of Co-operation, Mantralaya, Mumbai, ::: Uploaded on - 03/11/2017 ::: Downloaded on - 07/11/2017 01:32:00 ::: 5 wp4242.15.odt dated 01/06/2015 and submitted that in respect of other two directors, stay has been granted to Section 83 of Maharashtra Co-operative Societies Act enquiry, while in the case of the petitioners, only notice on revision has been issued without any order on stay application, and, therefore, the petitioners deserve the same treatment.
In that view of the matter, ad interim relief in terms of prayer clause (B)."
3. The revision application preferred under Section 154 of the Maharashtra Co-operative Societies Act, 1960 is pending with the State Government for final disposal since 27-2-2015 and the prayer is to direct the disposal of this revision application expeditiously within the stipulated period, which is not opposed by the other side. The only question is whether the interim order passed by this Court on 27-7-2015 should be continued pending the disposal of the said revision application.
4. In our view, since the interim order is operating since July 2015, no prejudice will be caused to the other side if it is continued for a further period till the disposal of the revision ::: Uploaded on - 03/11/2017 ::: Downloaded on - 07/11/2017 01:32:00 ::: 6 wp4242.15.odt application. The respondent No.2 is directed to dispose of Revision No.192 of 2015 within a period of six months. The interim order passed by this Court shall continue to operate till the disposal of the revision application. The parties to appear before the respondent No.2 on 27-11-2017, from which date the period to dispose of the revision application shall commence. The Minister shall be at liberty to decide Revision No.337 of 2015 alongwith Revision No.192 of 2015.
5. Rule accordingly. No order as to costs.
(M.G. Giratkar, J.) (R.K. Deshpande, J.) Lanjewar, PS ::: Uploaded on - 03/11/2017 ::: Downloaded on - 07/11/2017 01:32:01 :::