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2017 Supreme(Bom) 2207

S.C.DHARMADHIKARI, MANGESH S.PATIL
Maharashtra State Co-operative Consumers Federation Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajeet B. Kale, Advocate.
For the Respondent: Mr. S.G. Karlekar, AGP.

JUDGMENT :

S.C. Dharmadhikari, J.

Rule. Rule made returnable forthwith. Learned Assistant Government Pleader waives service for respondents 1 and 2. By consent Petition is heard finally.

2. By this petition under Article 226 of the Constitution of India, the petitioner is seeking writ of mandamus or any other writ, order or directions thereof directing the respondents to quash or not to act upon a decision dated 5/10/2015 copy of which is at Annexture "J" to the petition.

3. The Writ Petition essentially prays for calling the records and proceedings and thereafter the directions as above.

4. The petitioner is a society registered under the provisions of the Maharashtra Cooperative Societies Act, 1960. It is claimed that the Government has control over the affairs of this petitioner in the sense that its share capital is substantially held by the State Government. The petitioner Federation has claimed that it is under total of State Government.

5. The first respondent is the State and exercised powers through its Secretary, Department of Medical Education and Research, Government of































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