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Dattatraya S/O Jaikrishna ... vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 10547 Bom

Citation : 2021 Latest Caselaw 10547 Bom
Judgement Date : 6 August, 2021

Bombay High Court
Dattatraya S/O Jaikrishna ... vs The State Of Maharashtra, Through ... on 6 August, 2021
Bench: S.B. Shukre, Anil S. Kilor
                                                       10.wp2764.2021 (Jud).odt
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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                         WRIT PETITION NO. 2764 OF 2021

  Dr. Dattatraya s/o Jaikrishna Gotmare
  Aged 61 years, Occ.: Medical Practitioner,
  R/o. Khaparde's Plots, Near Timber
  Market, Paratwada, Tahsil Achalpur,
  District Amravati                        .... PETITIONER

                                 // VERSUS //

  1. The State of Maharashtra
  Through its Secretary
  Cooperation Department, Mantralaya,
  Mumbai - 400032

  2. The Assistant Registrar
  Cooperative Societies, Amravati,
  District Amravati.

  3. The Achalpur Urban Cooperative Bank
  Limited, through its Liquidator,
  Jaistambh Chowk, Paratwada,
  Tahsil Achalpur, District Amravati

  4. The Divisional Joint Registrar,
  Cooperative Societies, Amravati.                    .... RESPONDENTS

  Mr. S.S. Sanyal, Advocate for petitioner.
  Ms. Ketiki Joshi, GP for respondent Nos.1, 2 & 4/State.
  ________________________________________________________________

                                CORAM         : SUNIL B. SHUKRE AND
                                                ANIL S. KILOR, JJ.

DATE : 6th AUGUST, 2021.

ORAL JUDGMENT: [PER:- S.B. Shukre, J.]

1. Heard Shri Sanyal, learned counsel for the petitioner

and Ms. Ketki Joshi, learned Government Pleader who appears by

waiving notice for respondent Nos.1,2 & 4.

10.wp2764.2021 (Jud).odt

2. We are restricting our consideration to the main ground

regarding pendency of the revision application before the

respondent No.1 for a long period of time and in which

proceedings, as stated by the learned counsel for the petitioner,

notice has already been served upon respondent No.3 and

therefore, if any direction making revision proceedings time bound

is to be made, notice to respondent No.3 here would not be

necessary and as such, we do not propose to issue any notice to

respondent No.3.

3. Rule. Rule made returnable forthwith. The matter is

heard finally with the consent of the learned counsel for the parties.

4. Considering the grievance raised by the petitioner, we

are of the view that this petition can be disposed of by issuing

necessary directions and accordingly, the petition is partly allowed.

Respondent No.1 is directed to hear the parties and decide the

revision application filed before it by the petitioner on 24.04.2019

along with application for stay filed under Sections 154 and

154(3A) of the Maharashtra Co-operative Societies Act, 1960, in

accordance with law, within a period of eight weeks from the date of

the appearance of the parties before him. Petitioner and respondent

10.wp2764.2021 (Jud).odt

Nos.2, 3 & 4 shall appear before the respondent No.1 on 23 rd

August, 2021, at 11:00 a.m.. The petitioner shall serve a notice of

hearing fixed before the respondent No.1 on 23 rd August, 2021,

upon respondent No.3 privately and file an acknowledgment of such

service having been effected before respondent No.1.

5. Rule accordingly. No costs.

6. Steno copy of the order be furnished to both the sides.

                             JUDGE                               JUDGE
Prity





 

 
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