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907 WP.1850.22 n ca.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

907 WRIT PETITION NO. 1850 OF 2022

AND

CIVIL APPLICATION NO.16261 OF 2022

IN WP/1850/2022

MEERATAI KALYANRAO RENGE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA,

THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

...

Advocate for Petitioners/Applicants : Mr. Shahaji B. Ghatol Patil.

AGP for Respondent/State: Mr. S. G. Sangle.

...

CORAM :

RAVINDRA V. GHUGE &

SANJAY A. DESHMUKH, JJ.

DATE :

06^th December, 2022.

Per Court:

1.

The petitioners have a statutory remedy in the form of

Section 154 read with sub-section 2A of the Maharashtra Co-operative

Societies Act, 1960.

2.

This petition is circulated for the first time today. The

learned advocate for the petitioners is unable to take instructions from

the petitioners for withdrawal of this petition.

3.

The petitioners seek to challenge the certificate issued

under Section 101 of the Maharashtra Co-operative Societies Act.

Admittedly, the proceedings under Section 154 have not been initiated.

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907 WP.1850.22 n ca.odt

The petitioners have directly approached this Court seeking issuance

of a Writ of Mandamus. This Court would not issue a Writ of

Mandamus in a challenge to a recovery certificate issued under

Section 101 of the Maharashtra Co-operative Societies Act.

4.

This petition is, therefore, disposed off.

5.

The petitioners would be at liberty to avail of a statutory

remedy, as may be permissible in law.

6.

The pending civil application would not survive and stands

disposed off.

7.

The time spent by the petitioners in this Court from 22^nd

November, 2021 till the passing of this order, would be a ground for

seeking condonation of delay.

[ SANJAY A. DESHMUKH, J. ]

[ RAVINDRA V. GHUGE, J. ]

nga