1 wp8390.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8390 OF 2010 1. Shri. Vasudeo Rajaram Wani, Age: 73 years, Occ: Retired Chairman, Mahalaxmi Nagari Sahakari Pat Sanstha Maryadit, Yawal, Tq. Yawal, Dist. Jalgaon. 2. Shri. Prabhakar Tukaram Wani, Age: Major, Occ: Agriculture, 3. Shri. Ramesh Trymbak Deshmukh, Age: Major, Occ: Agriculture, 4. Shri. Mahesh Vasudeo Wani, Age: Major, Occ: Agriculture, 5. Shri. Narendra Bhikaji Reghe, Age: Major, Occ: Agriculture, 6. Sau. Kalpana Dattatraya Kulkarni, Age: Major, Occ: Household., 7. Shri. Bhagwat Kashiram Pawar, Age: Major, Occ: Agriculture, All R/o. Yawal, Tq. Yawal, District Jalgaon. 8. Mahalalxmi Nagari Sahakari Pat Sanstha Maryadit, Yawal District Jalgaon, Through its Chairman, Shri. Vasudeo Rajaram Wani, Age: 73 years, Occ: Retired petitioner No.1. ...PETITIONERS 2 wp8390.10 VERSUS 1. The State of Maharashtra, Through the Secretary, Ministry of Co-operation, Mantralaya, Mumbai. 2. Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik. 3. Shri. A.V. Deshpande, Assistant Registrar, Co-operative Societies, Yeole, Tal. Yeole, District Nashik. 4. Shri. D.C. Shinde, Auditor, Co-operative Societies, Tq. Yawal, Dist. Jalgaon. 5. Shri. D.V. Kadam, Shivaji Chowk, Rath Galli, Jalgaon Dist. Jalgaon. 6. Honourable Minister of State for Co-operation, Maharashtra State, Mantralaya, Mumbai. 7. Bhagatsing Devchand Patil, Age: Major, Occ: Business, R/o. Pratap Nagar, Yawal, Tq. Yawal, Dist. Jalgaon. 8. Pandit Ramkrishna Badgujar, Age: 72 years, Occ: Retired. R/o. Badgujar Lane, Yawal, Tq. Yawal, Dist. Jalgaon. 3 wp8390.10 9. Navin Shriram Dohale, Age: 39 years, Occ: Business, R/o. Shani Mandir Road, Savada, Tq. Yawal, District Jalgaon. 10. Dayaram Natthu Badgujar, Age: 67 years, Occ: Retired, R/o. Badgujar Lane, Yawal, Tq. Yawal, Dist. Jalgaon. ...RESPONDENTS ... Mr. G.V. Wani, Advocate for petitioners. Mr. D.R. Kale, A.G.P. for State Respondents. Mr. A.B. Girase, Advocate for respondent Nos. 8 to 10. ... CORAM: S.S. SHINDE, J. DATE : 25TH AUGUST, 2011 ORAL JUDGMENT : . Rule. Rule made returnable forth. With the consent of the Counsel appearing for the parties, heard finally. 2. This writ petition is directed against the judgment and order dated 14-09-2010 passed in Appeal No.544 of 2010 by respondent No. 6 Minister of State for Co-operation, Government of Maharashtra, Mantralaya, Mumbai thereby confirming 4 wp8390.10 the order passed under Section 78(1) of the Maharashtra Co-operative Societies Act, 1960 by the Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik, on 14-07-2010 bearing No. 5745 of 2010. . The important point raised in this petition is that, the appeal which was filed by the petitioners herein, was decided by the Minister of State for Co-operation, Mantralaya, Mumbai, without hearing them. According to learned Counsel appearing for the petitioners, notice of hearing of the appeal was received by the petitioners on 23-08-2010 at 12-30 p.m. and the appeal was fixed for hearing on 18-08-2010. Immediately, the petitioners had written a letter to the Desk Officer, Government of Maharashtra, Department of Co-operation and Textile stating therein that, though the hearing was fixed on 18-08-2010 the notice of such hearing is received by the petitioners on 23-08-2010. Therefore, according to learned Counsel for the petitioners, 5 wp8390.10 this writ petition deserves to be allowed on this ground alone. 3. When learned A.G.P. was called upon to show reply to the averments in respect of not receiving notice by the petitioners before the date of hearing and receiving it only on 23-08-2010, learned A.G.P. invited my attention to the affidavit in reply filed by the respondent authorities. Upon reading such reply, no specific reply is given to the contention of the petitioners that, the notice of hearing of the appeal is received by the them on 23-08-2010 though the appeal was fixed for hearing on 18-08-2010. 4. Learned Counsel for respondent Nos. 8 to 10 submits, though the petitioners are elected on Managing Committee of the society, they are not able to take charge, and therefore, respondent Nos. 8 to 10 and other members who are depositors are the real sufferers. He further submits that, 6 wp8390.10 if at all, this Court is inclined to allow this petition and restore the appeal filed by the petitioners to its original file before the Minister of State for Co-operation, in that case, the directions may be given to decide the appeal within stipulated period. 5. I have given due consideration to the submissions of the learned Counsel appearing for the respective parties. Perused the pleadings in the petition, grounds taken therein, annexures thereto and impugned judgment and order passed by the Minister of State for Co-operation, Government of Maharashtra, Mantralaya, Mumbai. It is not necessary to deal with any other aspect of the matter since the notice of hearing of the appeal was received by the petitioners on 23-08-2010, though the appeal was fixed for hearing on 18-08-2010, and same came to be decided on said date in absence of appellants. No notice was served upon the petitioners about hearing of the appeal till appeal came to be dismissed. It is 7 wp8390.10 only on 23-08-2010 such notice was received at 12-30 p.m. by the petitioners. Therefore, in my considered view, this ground alone is sufficient to interfere the judgment and order passed by the Minister of State for Co-operation. The appellate authority should have ascertained whether the appellants have received notice about date of hearing and then only should have proceeded further to decide the appeal. 6. It is admitted position that, the appeal is decided in absence of the petitioners. The respondent authorities have not answered assertion of the petitioners that the notice is received by them only on 23-08-2010 i.e. after five days from the decision of the appeal, and not prior to that. 7. Therefore, for the reasons aforesaid, writ petition deserves to be allowed. As a result, the impugned judgment and order dated 14-09-2010 passed in Appeal No. 544 of 2010 by respondent No. 6 Minister of State for Co- 8 wp8390.10 operation, Government of Maharashtra, Mantralaya, Mumbai is quashed and set aside. Appeal No. 544 of 2010 is restored to its file. The Minister of State for Co-operation, Government of Maharashtra, Mantralaya, Mumbai, to hear the appeal denovo and pass appropriate orders after hearing all the concerned parties. However, such exercise should be done as expeditiously as possible, within three months from the receipt of the order passed by this Court. Parties have agreed to remain present before the Minister of State for Co-operation, Government of Maharashtra, Mantralaya, Mumbai on 14-09-2011 at 11-30 a.m. Rule made absolute to the above extent. Writ Petition stands disposed of. . It is needless to mention that, interim order operating during the pendency of this petition will continue till disposal of the appeal. Sd/- [S.S. SHINDE, J.] sut/AUG11