Bombay High Court
Shri. Pravinrao Rameshappa ... vs The State Of Maharashtra, Through ... on 3 November, 2017
Bench: Ravi K. Deshpande
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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.
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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,
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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
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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
