1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5926 OF 1999 Ramesh S. Maniar and 2 others. ..Petitioners. Versus The State of Maharashtra and 110 others. ..Respondents. ... Mr.Appasaheb S. Desai, Advocate for the petitioners. Mrs.P.S. Cardoza, AGP for respondent Nos.1 & 5. Mr.P.A. Kabadi, Advocate for respondent No.8. Mr.Akhilesh Dubey, Advocate for respondent No.9. Mr.Viswajeet Sawant, Advocate i/b. Ms.R. Mohandas, Advocate for respondent No.2. Mr.G.S. Hegde, Advocate with Mr.G.A. Karmalkar, Advocate for respondent No.3. Mr.K.P. Sawant, Advocate for respondent No.2. ... CORAM : BILAL NAZKI AND SMT. V.K.TAHILRAMANI,JJ. DATE : 16th JUNE, 2009. P.C. :- 1. The grievance of the petitioners in this case is that the membership was given to respondent Nos.10 to 111 of respondent Nos.6 & 7 Society thereby entitling them to get the residential flats. These persons, according to the petitioners, were not eligible to be made members. The petitioner himself was a member of the Society and was also pleading to get the benefits of the housing scheme, which he has got during pendency of this Writ Petition. Therefore, the personal grievance of the petitioner does not survive. 2 2. While going through the record, we find that this Court has appointed a Commissioner in Writ Petition No.1615 of 1994 concerning the same controversy and which has now been dismissed as withdrawn. The Commissioner, who was a retired Judge, came to the finding that prima facie the respondent Nos.10 to 111 were not genuine members of the Society and had obtained the membership of the Society by inappropriate methods. This was a prima facie finding and the Commissioner has also not given a hearing to respondent Nos.10 to 111. We have gone through the report. This report prima facie discloses that there was a matter to be investigated upon. These respondents have been summoned and served even through public notices in Newspapers but they have chosen not to appear. Since prima facie there is a matter which needed to be investigated and which pertains to the membership of a co-operative society, therefore, we direct the Registrar - respondent No.5 to hold an enquiry in the matter on the basis of the report given by the Commissioner to this Court in Writ Petition No.1615 of 1994. The respondent No.5 shall try to complete the enquiry in accordance with law within a period of one year. 3. With these observations, Writ Petition is disposed of. [BILAL NAZKI,J.] [SMT.V.K.TAHILRAMANI,J.]