28-wp-2486-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2486 OF 2011 Dinkarrao Wadia Vikas Co-operative Societies Ltd.. ... Petitioner. V/s. State of Maharashtra & Ors. ... Respondents. --- Mr. M.V. Aiya for the Petitioners. Mr. R.M. Patne,AGP for Respondent Nos.1 to 4. Mr. Umesh Mankapure for the Respondent No.5. --- CORAM : G.S. GODBOLE, J. DATED : 18TH NOVEMBER, 2011. P.C. : 1 Rule. Rule is made returnable forthwith and heard by consent of the parties. The learned AGP waives service on behalf of the Respondent Nos. 1 to 4 and Mr.Mankapure waives service on behalf of the Respondent No.5. Mr. Mankapure states that the Respondent No.5 Society has passed resolution and has authorized him to file Vakalaltnama on behalf of the Respondent No.5 Society. Copy of the resolution is handed over to Mr. M.V. Aiya, Advocate for the Petitioners for his perusal. 2 Heard. Despite earlier orders dated 14th October, 2011 and 20th 28-wp-2486-11.sxw 2 October, 2011, the Respondent No. 5 Society has not been able to show any document which either authorized Shri Anil Rangrao Thorat to file Review Application. Mr. Aiya relies upon the letter dated 21.07.2011 at Exh. 2 page 43 to the Affidavit-in-Rejoinder of the Petitioner, which was addressed by the Respondent No.5 Society to the Chairman and Secretary of the Petitioners. It is thus clear that the person who had filed the Review Application had absolutely no authority in law to file and prosecute the Review Application. On this ground alone, the impugned Judgment and Order dated 10.02.2011 passed by the Hon’ble Minister for Food and Civil Supplies, Consumer Protection Department, Mantralaya, Mumbai being Exh. ‘F’ to the Writ Petition is quashed and set aside. It is made clear that Shri Thorat had no authority to file and prosecute the Review Petition. Consequently, the earlier Judgment and Order dated 01.07.2010 passed by the Hon’ble Minister stands revived. In case any Review Application is filed by the Respondent No. 5 Society, before deciding the same the Hon’ble Minister will consider all questions including the locus of the Respondent No. 5 Society and the letter dated 21.07.2011. 3 Rule is made absolute in the aforesaid terms with no order as to costs. [G. S. GODBOLE, J.]