4.WP.8825.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8825 OF 2022

Tanaji Namdev Andhale & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

***

 Mr. Rajendra Kamble, Advocate for the Petitioners.

 Ms. K. N. Solunke, AGP, for the Respondent – State.

***

CORAM : PRASANNA B. VARALE &

KISHORE C. SANT, JJ.

DATE : JULY 28, 2022.

P. C. :

1.

Though the petitioner has placed on record voluminous

documents. The principal prayer in the petition is prayer clause (b)(ii) and

the same read thus :

“(ii)

Mandatory order be issued requiring the

Respondent No. 5 to prepare and finalize the voters list

after the adjudication of members’ list and insertion of their

names in I and J Register of the Society; after adjudication

of pending application made under Section 22(2) of the

Maharashtra Co-operative Societies Act, 1960 before the

Respondent No. 9 Joint Registrar, CIDCO, CBD, Belapur.”

2.

Perusal of the documents placed on record further reveals that

out of as many as 32 petitioners, only Petitioner No. 2 – Vikas Katkar

submitted an application to the Joint Registrar, Co-operative Societies

Shrikant

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UMESH

SHRINIWAS

MALANI

Digitally signed by

UMESH

SHRINIWAS

MALANI

Date: 2022.08.02

10:52:22 +0530

4.WP.8825.2022.doc

(CIDCO), Raigad Bhavan, CBD Belapur under section 22(2) of Maharashtra

Co-operative Societies Act, 1960 on 03^rd August, 2021. On page nos. 620 to

631 are only copies of Index without there being any independent

applications filed by these persons whose names are referred in the title

clause of these documents. Be that it may.

3.

As the petitioner prayed for adjudication of the application and

as learned AGP submitted that the concerned authority would decide the

application, we deem it appropriate to dispose of the writ petition with

direction to Respondent No. 9 – Joint Registrar, Co-operative Societies

(CIDCO), Raigad Bhavan, CBD Belapur. The Respondent No. 9 should

decide the application filed by the petitioner as early as possible and not

later than four (04) weeks from the date of receipt of the order of this

Court.

4.

All concerned shall act upon a copy of this order which is duly

authenticated by the Registry of this Court.

(KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.)

Shrikant

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