Bombay High Court
Dagadu Vishnu Patil And Others vs The State Of Maharashtra And ... on 8 March, 2017
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3169 OF 2017
WRIT PETITION NO. 3171 OF 2017
WRIT PETITION NO. 3173 OF 2017
* * * * *
WRIT PETITION NO. 3169 OF 2017
Paras s/o. Zumbarlal Lalwani .. Petitioner
Age. 52 years, Occ. Business,
R/o. Pachora Road, Jamner,
Tq. Jamner, Dist. Jalgaon.
Versus
1. State of Maharashtra .. Respondents
through Principal Secretary,
Co-operation & marketing Department,
Mantralaya, Mumbai - 32.
2. Director of Marketing,
Maharashtra State, Pune.
3. District Deputy Registrar,
Co-operative Societies,
Jalgaon, Dist. Jalgaon.
4. Special Auditor Class-II
Co-operative Societies (Marketing)
Jalgaon, Dist. Jalgaon.
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WITH
WRIT PETITION NO. 3171 OF 2017
Sanjay Dayaram Lokhande .. Petitioner
Age. Major, Occ. Business,
R/o. Lokhande Hospital,
Nagarkhana, Jamner, Tq. Jamner,
Dist. Jalgaon.
Versus
1. State of Maharashtra .. Respondents
through Principal Secretary,
Co-operation & marketing Department,
Mantralaya, Mumbai - 32.
2. Director of Marketing,
Maharashtra State, Pune.
3. District Deputy Registrar,
Co-operative Societies,
Jalgaon, Dist. Jalgaon.
4. Special Auditor Class-II
Co-operative Societies (Marketing)
Jalgaon, Dist. Jalgaon.
WITH
WRIT PETITION NO. 3173 OF 2017
1. Dagadu Vishnu Patil .. Petitioners
Age. 70 years, Occ. Agri.,
R/o. Chalisgaon, Tq. Jamner,
Dist. Jalgaon.
2. Kiran Shriram Patil
Age. 45 years, Occ. Business,
R/o. Karmad, Tq. Jamner,
Dist. Jalgaon.
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3. Subhash Champalal Bohara
Age. 55 years, Occ. Agri.,
R/o. Jamner, Tq. Jamner,
Dist. Jalgaon.
4. Arun Wamanrao Ughde
Age. 50 years, Occ. Agri.,
R/o. Takharkhede, Tq. Jamner,
Dist. Jalgaon.
5. Kishor Pandharinath Pawar
Age. 50 years, Occ. Agri.,
R/o. Palaskheda (Mirache), Tq. Jamner,
Dist. Jalgaon.
6. Pradeep Mohanlal Lodha
Age.55 years, Occ. Business,
R/o. Pahur Peth, Tq. Jamner,
Dist. Jalgaon.
7. Jagannath Dayaram Lokhande
Age. 68 years, Occ. Agri.,
R/o. Nandra haveli, Tq. Jamner,
Dist. Jalgaon.
8. Ramesh Laxman Naik
Age. 60 years, Occ. Agri.,
R/o. Khadki, Tq. Jamner,
Dist. Jalgaon.
9. Bajirao Namdev Patil
Age. 40 years, Occ. Agri.,
R/o. Nachankhede, Tq. Jamner,
Dist. Jalgaon.
10. Divakar Sukhdev Suradkar
Age. 50 years, Occ. Agri.,
R/o. Betawad (Bk), Tq. Jamner,
Dist. Jalgaon.
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11. Dilip Samadhan Bari,
Age. 50 years, Occ. Agri.,
R/o. Shendurni, Tq. Jamner,
Dist. Jalgaon.
12. Pramod Shankar Patil
Age. 50 years, Occ. Agri.,
R/o. Tondapur, Tq. Jamner,
Dist. Jalgaon.
13. Mangesh Bharat Patil
Age. 45 years, Occ. Agri.,
R/o. Kinhi, Tq. Jamner,
Dist. Jalgaon.
14. Anil Atmaram Patil
Age. 45 years, Occ. Agri.,
R/o. Dhalgaon, Tq. Jamner,
Dist. Jalgaon.
15. Dr. Suresh Mansaram Patil
Age. 70 years, Occ. Agri.,
R/o. Lohasar, Tq. Jamner,
Dist. Jalgaon.
16. Sau. Jyoti Nana Patil
Age. 42 years, Occ. Agri.,
R/o. Kekat Nimbhora, Tq. Jamner,
Dist. Jalgaon.
17. Sau. Savita Sharad Patil
Age. 40 years, Occ. Agri.,
R/o. Mohadi, Tq. Jamner,
Dist. Jalgaon.
18. Dhanraj Sitaram Chavan,
Age. 60 years, Occ. Agri.,
R/o. Lihe Digar, Tq. Jamner,
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Dist. Jalgaon.
Versus
1. State of Maharashtra .. Respondents
through Principal Secretary,
Co-operation & marketing Department,
Mantralaya, Mumbai - 32.
2. Director of Marketing,
Maharashtra State, Pune.
3. District Deputy Registrar,
Co-operative Societies,
Jalgaon, Dist. Jalgaon.
4. Special Auditor Class-II
Co-operative Societies (Marketing)
Jalgaon, Dist. Jalgaon.
Mr.S.S. Gangakhedkar h/f. Mr. M.S. Deshmukh, Advocate for
the petitioners.
Mr.S.K. Tambe, Mr. A.V. Deshmukh & Mr. S.B. Pulkundwar,
A.G.Ps. In WPs 3169/17, 3171/17 & 3173/17 respectively.
CORAM : S.B. SHUKRE,J.
DATED : 08.03.2017
ORAL JUDGMENT :-
1. Heard learned Counsel for the petitioners and
learned AGPs for the respondents, who appeared by waiving
notice.
2. Rule. Rule made returnable forthwith and heard
finally by consent.
3. By the impugned notice, the accountability has
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been fixed upon the petitioners. However, it is
contention of the petitioners that the amount has been
spent on 21.05.2015, which was the date when the
petitioners were not in office as they were seized to be
members from February, 2014. In view of above submission,
it would be necessary that the petitioners are given a
reasonable opportunity of making their submission before
the Special Auditor. Accordingly, it is directed that
the petitioners shall be given reasonable opportunity of
making their statement in his defence and also producing
relevant documents, before final order is passed. It is
further directed that the petitioners shall appear before
respondent No.4 on 15.03.2017 and upon their appearance,
respondent No.4 shall afford a reasonable opportunity of
hearing to the petitioners and shall also permit them to
produce on record relevant documents on record before
final order is passed. Till the time final order is
passed, no coercive action shall be taken against the
petitioners.
4. The petition is disposed of accordingly. No
costs. Rule made absolute in above terms.
[S.B. SHUKRE,J.]
snk/2017/MAR17/wp3169.17
