2024:BHC-AS:14309-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11902 OF 2022 Jayprakash Sahakari Griha Rachana Sanstha Mrt.

A Society registered under MCS Act Survey No.165 (A), Jayprakash Nagar, Malwadi, Hadapsar, Pune – 411 028.

Through its Secretary Mr.Sachin Madhavrao Tupe .. Petitioner Versus

1. The State of Maharashtra (Dept. of Co-operation, Marketing and Textiles) having office at Mantralaya, Mumbai-400 032 Through its Principal Secretary

2. The Deputy Registrar Co-operative Societies, Pune City (4) Having its office at Sahakar Vaibhav, 1st Floor, Plot No.E/3, Marketing Federation, Market Yard, Gultekdi, Pune – 411 037.

3. The Inquiry Officer Shri Vijaysinh D. Malwadkar Having its office at Sahakar Vaibhav, 1st Floor, Plot No.E/3, Marketing Federation, Market Yard, Gultekdi, Pune – 411 037.

4. Shri Sanjay Bhagwan Tupe R/at: Plot No.122/1, S. No.165(A), Jayprakash Nagar, Malwadi, Hadapsar, Pune – 411 028. .. Respondents WITH INTERIM APPLICATION NO.18399 OF 2023 IN WRIT PETITION NO.11902 OF 2022

1. Shri. Vikaram Shankar Haripure, Age: 70 Yrs. Occu: Dental Surgeon

2. Shri. Arun Marotrao Memane, Age: 72 Yrs. Occu: Retired Officer

3. Shri. Aaba Rama Dange, Age: 90 Yrs. Occu: Retired teacher

4. Shri. Ramchandra Wamanrao Chavan (Since deceased through his legal heirs)

4a. Shri. Ganesh Ramchandra Chavan, Age: 48 Yrs. Occu: Shopkeeper

4b. Shri. Mahesh Ramchandra Chavan, Age: 46 Yrs. Occu: Service

5. Shri. Janardhan Baburao Pawar, (Since deceased through his legal heirs)

5a. Shri. Ganesh Janardhan Pawar, Age: 47 Yrs. Occu: Doctor

5b. Shri. Amol Janardhan Pawar, Age: 44 Yrs. Occu: Business

6. Bhagwan Keshav Tupe, (Since deceased through his legal heirs)

6a. Shri. Sanjay Bhagwan Tupe, Age: 55 Yrs. Occu: Business

7. Dinkar Chimanrao Patil, (Since deceased through his legal heirs)

7a. Shri. Dilip Dinkar Patil, Age: 70 Yrs. Occu: Retired

8. Eknath Bahiru Jadhav, (Since deceased through his legal heirs)

8a. Nita Dnyaneshwar Bhosale, Age: 47 Yrs. Occu: Household

9. Kisanrao Pandharinath Paigude, (Since deceased through his legal heirs)

9a. Shri. Suhas Kisanrao Paigude, Age: 61 Yrs. Occu: Doctor

9b. Shri. Sudhakar Kisanrao Paigude Age: 59 Yrs. Occu: Business

10. Vilas Rajaram Shinde and Suhas Rajaram Shinde, (Since deceased through his legal heirs)

10a.Shri. Vivek Vilas Shinde, Age: 47 Yrs. Occu: Business

10b.Shrimati. Sulbha Suhas Shinde, Age: 68 Yrs. Occu: Household

11. Ramchandra Pandurang Memane, (Since deceased through his legal heirs)

11a.Sau. Sulochana Aabasaheb Dange, Age: 80 Yrs. Occu: Household All residents of 121/3, Jayprakash Housing Society, Malwadi, Hadapsar, Pune 411028. ..Applicants In the matter between Jayprakash Sahakari Griha Rachana Sanstha Mrt. Through its Secretary Mr. Sachin Madhavrao Tupe ..Petitioner Versus

1. State of Maharashtra (Department of Co-operation Marketing and Textiles)

Having office at: Mantralaya, Mumbai 32

2. The Deputy Registrar, Co-operative Societies, Pune City (4), Having its office: Sahakar Vaibhav, 1st Floor, Plot No. E/3, Marketing Federation, Market Yard, Gultekdi, Pune -37.

3. The Inquiry Officer, Shri Vijaysinh D Malwadkar, Having its office: Sahakar Vaibhav, 1" Floor, Plot No. E/3, Marketing Federation, Market Yard, Gultekdi, Pune -37

4. Shri Sanjay Bhagwan Tupe, R/at: Plot No. 122/1. S. No. 165 (A), Jayprakash Nagar, Malwadi, Hadapsar, Pune-28 ..Respondents ---

Mr.V.H. Narvekar a/w Mr.Aadesh M. Patil for the petitioner.

Mr.Kalpesh U. Patil a/w Mr.Vivek B. Rane for the applicant/Intervener in IA/18399/2023.

Ms.Kavita N.Solunke, AGP for respondent nos.1 & 2.

Mr.A.R.Kapadnis for respondent no.4.

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CORAM : A.S. CHANDURKAR &

JITENDRA JAIN, JJ.

Date on which the Arguments were concluded : 15 th March 2024 Date on which the Judgment is pronounced : 22 nd March 2024 Judgment (Per Jitendra Jain, J.) :-

. Rule. Ms.Solunke, learned AGP for the respondent nos.1 & 2 and Mr.Kapadnis, learned counsel for respondent no.4 waives service of notice. By consent of the parties, the writ petition is