1 WP 5689.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5689 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. U.R.Kulkarni, Advocate for the petitioners. Mr. R.P.Phatake, Asstt. Govt. Pleader for State. Mr. V.D.Hon, Advocate for Resp. Nos. 2,6 & 7. ..................................... CORAM : S.V.GANGAPURWALA, J. DATE : 19/10/2011 PER COURT : 1. The grievance in the present petition was that without there being any adjudication, the special recovery officer issued public notice for sale of the property of the petitioner. 2. Mr. Hon, the learned counsel for the respondent – Sanstha on the instructions of the Manager of the said Sanstha, who is present in the Court submits that there is no recovery certificate issued nor the respondent no. 2 has approached the Arbitrator under the Multi State Co-operative Societies Act as yet. In such circumstances, the Assistant Registrar/Special Recovery Officer i.e. respondent no. 6 had no jurisdiction and 2 WP 5689.2011 authority to issue such public notice causing sale of the petitioner’s property. It was highly inappropriate on the part of the respondent no. 6 to have taken such an action which is not in pursuance to any statutory right. The Assistant Registrar should not have done such an act, the same is deprecated. 3. Mr. U.R.Kulkarni, the learned counsel for the petitioner submits that the petitioner can avail the remedy as available in law for redressal of the grievance. 4. In view of the fact that respondent no. 2 makes a statement that the said action is being withdrawn, the property of the petitioner would not be sold without getting any certificate or Award from the competent Court/authority. Nothing remains in the petition. The said statement of respondent no. 2 is taken as an undertaking to the Court. The respondent no. 2 is at liberty to take such steps as are available in law. 5. The Writ Petition is accordingly disposed of. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP WP 5689.2011 3 WP 5689.2011