Bombay High Court
Renuka Matsyavyavasaya Sahakari ... vs The State Of Maharashtra, Thr. ... on 21 December, 2017
Bench: Z.A. Haq
1 wp7683.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.7683/2017
Renuka Matsyavyavasaya Sahakari Sanstha
Maryadit, Makardhokda, having its Registration
No.ANGP/URD/RSR/ANC/362/F/2016-2017,
through its President, Manoj Ramu Dighore,
aged about 25 Yrs., Occu. Fishing, R/o Makardhokda,
Tq. Umred, Distt. Nagpur. ..Petitioner.
..Vs..
1. The State of Maharashtra,
through Deputy Registrar Co-operative
Societies (Fisheries), Maharashtra State,
Taraporwala Matsyalaya, Netaji Subhash
Chandra Marg, Chandni Road, Mumbai - 02.
2. Assistant Commissioner of Fisheries,
Commissioner of Fisheries, Nagpur Division,
Nagpur.
3. Assistant Registrar,
Co-operative Societies (Milk),
Nagpur.
4. Gramhit Matsyavyavasaya Sahakari Sanstha
Maryadit, Makardhokda, Tq. Umred, Distt.
Nagpur, through its President Purushottam
Namdeorao Bobde, age Major,
R/o Makardhokda, Tq. Umred, Distt.
Nagpur. ..Respondents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shri C.R. Sharma, Advocate for the petitioner.
Shri N.R. Patil, A.G.P. for respondent Nos.1 to 3.
Shri C.P. Chandurkar, Advocate for respondent No.4.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : Z.A. HAQ, J.
DATE : 21.12.2017.
2 wp7683.17
ORAL JUDGMENT
1. Heard Shri C.R. Sharma, Advocate for the petitioner, Shri N.R. Patil,
A.G.P. for respondent Nos.1 to 3 and Shri C.P. Chandurkar, Advocate for
respondent No.4.
2. Rule. Rule made returnable forthwith.
3. The petitioner has challenged the interim order passed by the
Deputy Registrar of Co-operative Societies granting stay to the effect and
operation of order dated 10th July, 2017 by which registration was granted to
the petitioner - Society. The effect of the impugned order is that the
petitioner - Society cannot be treated as registered society. The learned
Advocate for the petitioner has made grievance that the auction of
Makardhokda tank is fixed on 27th December, 2017 and if the entitlement of
petitioner - Society to participate in the auction is not decided till that date, the
petitioner - Society would be put to irreparable loss and injury.
4. In the facts of the case, in my view, the following order would
sub-serve the ends of justice:
(i) The Deputy Registrar of Co-operative Societies is directed to dispose
the appeal till 29th December, 2017.
(ii) The process of auction of Makardhokda tank pursuant to the
3 wp7683.17
advertisement dated 11th December, 2017 may go on.
(iii) The respondent No.2 - Assistant Commissioner of Fisheries shall
permit the petitioner - Society to provisionally participate in the process of
auction of Makardhokda tank.
(iv) The allotment of Makardhokda tank shall not be finalized till 29 th
January, 2018.
The writ petition is disposed in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
