Sunil Dongre vs The Commissioner Of Coopertion And ...
2024 Latest Caselaw 26456 Bom

Bombay High Court

Sunil Dongre vs The Commissioner Of Coopertion And ... on 17 October, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

  2024:BHC-AS:41316-DB



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO.14242 OF 2024
                   Sunil Dongre                                                       ]
                   R/of Boudh Nagar, River Road,                                      ]
                   Pimpri, Pune - 411 017.                                            ] .. Petitioner
                                Versus
                   1. The Commissioner of Co-operation                                ]
                      and Registrar of Co-operative Societies, Pune                   ]
                   2. State of Maharashtra,                                           ]
                      Through Ministry of Co-operation, Mumbai                        ] .. Respondents


                   Mr. Mandar Limaye with Mr. S.S. Bedekar, i/by Mr. Pankaj Thakur,
                   Advocates for the Petitioner.
                   Mr. B.V. Samant, Additional Government Pleader with Ms. Tanaya
                   Goswami, Assistant Government Pleader for the Respondents.


                                                                     CORAM : A.S. CHANDURKAR &
                                                                             RAJESH S. PATIL, JJ
                                                                     DATE   : 17TH OCTOBER 2024.


                   ORAL JUDGMENT : { Per A.S. Chandurkar, J. }

1. Rule Rule made returnable forthwith and heard learned counsel for

the parties.

2. The petitioner is aggrieved by the communication dated 10 th August

2021 that has been issued by the Commissioner of Co-operation, Pune

directing the Assistant Registrar (Audit) to take appropriate steps in

accordance with Section 81 of the Maharashtra Co-operative Societies Act,

1960. The said direction includes initiation of appropriate proceedings by

lodging a First Information Report. Digitally signed by SNEHA

SNEHA ABHAY 14-WP-14242-2024.doc ABHAY DIXIT DIXIT Date:

2024.10.17 Dixit 16:18:26 +0530

3. It is submitted by the learned counsel for the petitioner that the

basis for issuance of this direction is the Audit Report dated 6 th August

2021. In Revision Application No.330 of 2022 that was filed for

challenging the said audit report, the Hon'ble Minister, Co-operation on

31st May 2023 has quashed the said audit report. The petitioner therefore

on 6th September 2024 made a request to the Commissioner for Co-

operation to take the necessary steps and withdraw the directions issued

on 10th August 2021. Since no step has been taken in the matter, the

petitioner has approached this Court.

4. Having heard the learned counsel for the parties and having perused

the documents on record, the interest of justice would be served by issuing

following directions :-

(a) The respondent no.1-Commissioner of Co-

operation to take a decision on the petitioner's

communication dated 6th September 2024 in the

light of the order passed in Revision Application

No.330 of 2022.

(b) Such decision be taken on its own merits within a

period of four weeks of receiving copy of the

order. The decision taken be communicated to

the petitioner.

14-WP-14242-2024.doc Dixit

(c) Needless to observe that if the petitioner is not

satisfied with the outcome of the aforesaid

exercise, he is free to seek appropriate legal

recourse.

5. It is clarified that we have not examined the prayers on merits. Rule

is disposed of in aforesaid terms.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]

14-WP-14242-2024.doc Dixit