1 wp-7616.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7616 OF 2010 Rashid Usman Sutar .. Petitioner Vs Proposed Low Income Group Gruhnirman Sahakari Society & Ors. .. Respondents -- Shri V.B. Rajure for the Petitioner. Shri Dilip Bodake for Respondent No.1. Shri R.M. Patne, AGP for Respondent Nos.2 to 4. -- CORAM : A.S.OKA, J. DATE : 22ND DECEMBER, 2010 P.C: . Learned counsel appearing for the 1st Respondent on instructions states that the 1st Respondent has no objection if the order dated 30th June, 2010 is modified and the matter is remitted to the Appellate Authority instead of the 1st Authority. The said suggestion is reasonable and deserves to be accepted. 2. Hence, the Petition is disposed of by passing the following order :- ORDER (i) Clause (2) of the operative part of the impugned judgment and order dated 30th June, 2010 is modified. (ii) It is made clear that only the order dated 8th September, 2006 passed by the Appellate Authority in 2 wp-7616.10 Appeal No. 24 of 2004 stands set aside and the order of the Deputy Registrar dated 28th January, 2004 is not disturbed. (iii) Clause (3) of the operative part of the impugned order accordingly stands modified and it is directed that the Appeal No. 24 of 2004 stands restored by setting aside the order dated 8th September, 2006. (iv) The Appellate Authority ( Divisional Joint Registrar of the Co-operative Societies), Kolhapur, will decide the appeal a fresh as expeditiously as possible and preferably within a period of three months from today. (v) The Petitioner and the 1st Respondent are directed to appear before the Appellate Authority on 7th January, 2011 at 11. 00 a.m., only for the purposes of fixing the date of hearing. (vi) All contentions of the parties on merits are kept open. (vii) The Petition is disposed of on above terms. (A.S.OKA, J)