1 wp6447-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6447/2011 1] Colonel P.K.Sharma Age 62 years, Occ-Retired R/o Plot No.6, K.D.R. Farms Sharnapur, Aurangabad Dist.Aurangabad 2] Raibhan S/o Mithuji Mohode Age 64 years, Occ-Retired R/o Plot NO.25, KDR Farms Sharnapur, Aurangabad Dist.Aurangabad 3] Lt. Colonel Vitthal S/o Pitambar Chitte, Age 50 years, Occ-Service, R/o Plot No.35, KDR Farms, Sharnapur, Aurangabad, Dist.Aurangabad .. Petitioners Versus 1] The State of Maharashtra Through its Secretary Cooperation, Marketing and Textile Department Maharashtra State, Mantralaya, Mumbai Copy to be served on Govt. Pleader, High Court of Bombay Bench at Aurangabad 2 wp6447-11.odt 2] The Cabinet Minister Co-operation, Marketing and Textile Department, Maharashtra State Mantralaya, Mumbai 3] K.D.R. Farms Co-op. Hsg. Society Ltd. Gut No.79, Sharnapur, Aurangabad District Aurangabad Through its Chairman. 4] Rajendra S/o Madhukarrao Kulkarni Age 47 years, Occ-Business R/o K.D.R. Farms Co-op Hsg. Society Ltd. Gut No.79 Sharnapur, Aurangabad District Aurangabad at Present Plot No.407-A, N-1 Sector “C”, Cidco, Aurangabad. .. Respondents .... Mr.R.T.Nagargoje,Adv.for petitioners. Mr.D.R.Korde,AGP for respondent nos.1 & 2. Mr.Deelip Patil Bankar,,Adv.for R.3 & 4. ... CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 28th NOVEMBER ,2011 ORAL JUDGMENT : 1] Rule. Rule is made returnable forthwith. By consent of 3 wp6447-11.odt parties, petition is heard finally. 2] The petitioners are respondents in proceeding of Revision Application No.611/11 pending before the Hon’ble Minister for Cooperation. The petitioners in response to the notice appeared and filed application on 28/7/11 seeking permission to engage a counsel and to file reply. There was delay in filing representation before the Hon’ble Minister. The counsel for petitioners submits that the Hon’ble Minister without granting time to the petitioners passed impugned order on 7/9/2011 condoning delay and passed interim order adverse to the interest of the petitioner until further orders. The said order is challenged in the present petition. Consequent to the notice, respondents 3 and 4 filed affidavit in reply. 3] The learned counsel for the respondents Mr.Bankar submits that the order passed by Hon’ble Minister is until further orders. Respondent no.4 is willing to go ahead with the final disposal of the revision application. Even otherwise, according to the learned 4 wp6447-11.odt counsel, the petitioner’s interest is not prejudiced. 4] The learned AGP submits that the Hon’ble Minister is seized of the matter and appropriate order will be passed. 5] In the facts of the case, the petitioner is entitled to file application before the Hon’ble Minister praying for modification/clarification/vacation of the order passed on Stay Petition on 7/9/2011. In case such application is filed, the Hon’be Minister shall hear the concerned parties and pass appropriate orders on the same, at the earliest. The Hon’ble Minister is entitled even to finally dispose of the revision application on its own merits. It is clarified that this Court has not addressed any issue on merits of the matter. Rule is made partly absolute in above terms. Authenticated copy is allowed to the A.G.P. to communicate the same to the concerned. (T.V.NALAWADE, J.) (NARESH H. PATIL,J.) umg/wp6447-11