Bombay High Court
Dattapur Seva Co-Operative Society ... vs State Of Maha., Thr. Secretary Dept. Of ... on 20 February, 2023
Author: Sunil B. Shukre
Bench: Sunil B. Shukre
wp1135.2023.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1135/2023
Dattapur Seva Co-operative Society Limited, Dhamangaon Railway
-Vs.-
State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. C.S. Kaptan, Senior Advocate with Mr. R.S. Kalangiwale, Advocate
for the petitioner.
CORAM: SUNIL B. SHUKRE &
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 20.2.2023 Heard Mr Kaptan, learned Senior Advocate for the petitioner and Mr. Fulzele, learned Additional Government Pleader for the respondents, who appears by waiving notice.
2. Mr. Kaptan, learned Senior Advocate submits that show cause notice has been issued in violation of various conditions as prescribed in Section 102 of the Maharashtra Cooperative Societies Act, 1960 and, therefore, in the first place, show cause notice ought not to have been issued without such compliance and even if it is issued, no adverse orders could be passed in pursuance of such a show cause notice.
3. We direct that if any order adverse to the petitioner is wp1135.2023.odt 2/2 passed at the end of the hearing to be held upon the impugned show cause notice, same shall not take effect for next two weeks from the date of passing of such order, if any.
4. The writ petition is disposed of in the above terms. No costs.
(MRS. VRUSHALI V. JOSHI, J.) (SUNIL B SHUKRE J.) NILESH VILASRAO TAMBASKAR 20.02.2023 15:08 Tambaskar.