R. M. S. KHANDEPARKAR, J. : - Admit. Heard forthwith by consent The appellant challenges the judgment and order dated 25 - 10 - 20?5 passed by the learned single Judge in Writ Petition No. 7404 of 2005. By the Impugned order, learned single Judge has set aside the order dated 18 - 10 - 2005 passed by the respondent No.2. By the said order dated 18 - 10 - 2005 the respondent No.1 was permitted to open bank account and to collect milk in the specified area.

2. The challenge to the impugned order is two - fold; firstly, that the order which was sought to be impugned in the said writ petition was an administrative order and, therefore, the petition could not have been entertained by the learned single Judge in view of the provisions comprised under Chapter XVII, Rule 18 of Bombay High Court Appellate Side Rules, 1960, hereinafter called as "the said Rules". Secondly, that a fraud was sought to be practised upon the Court in much as that it was sought to be represented by the respondent No. 1 that it submitted the proposal to the Registrar of Taluka Dudh Sangh complete in respects as long back as 24 - 8 - 2005 when factually the affidavits of 152 primary mi