Nagthana Fisheries Co-Operative ... vs State Of Maha. Thr. Commissioner Of ...
2024 Latest Caselaw 23507 Bom

Bombay High Court

Nagthana Fisheries Co-Operative ... vs State Of Maha. Thr. Commissioner Of ... on 9 August, 2024

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2024:BHC-NAG:8763


                                                                                                                                                 3. MCA 1177 of 2023.odt
                                                                                                   1

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

                                                   MISC. CIVIL APPLICATION NO.1177/2023
                                                                     IN
                                                      WRIT PETITION NO.136/2019 (D)

            Nagthana Fisheries Cooperative Society, Ltd. Warud, Dist. Amravati, through
                                              President
                                              ...Versus...
            The State of Maharashtra through Commissioner of Fisheries cum Assistant
            Registrar, Cooperative Societies (Fisheries), Maharashtra State, Mumbai and
                                                 others
         - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
        Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
        appearances, Court's orders or directions
        and Registrar's orders
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -
                                                    Mr. O.A. Ghare, Advocate for applicant
                                                    Ms Sonia Thakur, AGP for respondent nos.1 to 4/State
                                                    Mr. T.U. Tathod, Advocate h/f Mr. C.R. Sharma, Advocate for respondent no.5



                                                                                                CORAM : AVINASH G. GHAROTE, J.

DATE : 09/08/2024

1. Heard Mr. O.A. Ghare, learned counsel for the applicant, Ms Sonia Thakur, learned Assistant Government Pleader for respondent nos.1 to 4 and Mr. T.U. Tathod, learned counsel holding for Mr. C.R. Sharma, learned counsel for respondent no.5.

2. The judgment dated 09/10/2023 was passed on the basis of the statement made by the learned Assistant Government Pleader that the post of Joint Registrar and Additional Registrar were not equivalent, in view of which,

3. MCA 1177 of 2023.odt

since the order impugned was passed by the Additional Registrar, the same was set aside.

3. By a communication, dated 30/10/2023 the authorities have admitted the position that the post of Additional Registrar is higher and above the post of Joint Registrar in hierarchy, as is indicated in Section 3 of the Maharashtra Co-operative Societies, Act, 1960, in view of which, the judgment dated 09/10/2023, passed by this Court is hereby reviewed and the original petition is restored to file. List the petition before the appropriate Bench.

4. The Misc. Civil Application is disposed of accordingly. No order as to costs.

(AVINASH G. GHAROTE, J.)

Wadkar

Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 09/08/2024 17:54:40