Shivram S/O Ramsingh Jadhav vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 9108 Bom

2023:BHC-NAG:13034-DB
                                           1/2                       13.wp.5080.23.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    NAGPUR BENCH : NAGPUR

                                    WRIT PETITION NO. 5080/2023


                   Shivram S/o. Ramsingh Jadhav,
                   Aged about 75 years, Occu.: Labour,
                   R/o. Bhivgaon (Bu), Tq. Deulgaon Raja,
                   Distt. Buldhana.                                 ----PETITIONER

                           --VERSUS--
                   The State of Maharashtra,
                   Through its Principal Secretary,
                   Department of Co-operation,
                   Marketing and Textile, Mantralaya,
                   Mumbai - 32.                                     ----RESPONDENT

              Mr. T. S. Deshpande, Advocate for Petitioner.
              Mr. S. A. Ashirgade, Additional Government Pleader for Respondent/State.


                    CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : AUGUST 31, 2023

ORAL JUDGMENT (PER : A.S.CHANDURKAR, J.)

1. Considering the short issue involved, Rule.

2. The learned Additional Government Pleader waives service of

notice for respondent.

3. The only direction sought by the petitioner is for expeditious

consideration of Appeal No.169/2022 that has been preferred by Bhivgaon

Samudaik Sheti Sahakari Sanstha, Bhivgaon (Bu.) of which the petitioner

claims to be a Secretary. The said Appeal has been preferred under 2/2 13.wp.5080.23.odt

Section 152 of the Maharashtra Co-operative Societies Act, 1960 and the

same has been filed on 05.04.2022. Since there has been no progress in

the consideration of the said Appeal, the petitioner has filed the present

writ petition seeking expeditious disposal of the said Appeal.

4. It is seen that by an earlier order dated 27.05.2018, the State

Government had remanded the proceedings to the Divisional Joint

Registrar for fresh adjudication. The order of the Divisional Joint

Registrar dated 28.12.2021 is now the subject matter of the Appeal

preferred by the Society before the State Government. Since the period of

more than one year has been passed, it is directed that the said Appeal be

decided on its own merits and in accordance with law after giving due

opportunity to all parties preferably by the end of December 2023.

5. Rule is disposed of in the aforesaid terms with no order as to

costs.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

RGurnule

Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 01/09/2023 17:49:22