1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.8669 OF 2009 Shankar s/o Dagdu Rathod ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr B.R. Sable, Advocate for the petitioner; Mr K.J. Ghute Patil, AGP for respondents no.1 to 3; Mr V.D. Salunke, Advocate for respondent no.4. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 15th March, 2010 PER COURT : This is a petition under Article 226 of the Constitution of India by which the petitioner prays for directing respondents no.2 & 3 to include the name of the petitioner and other 139 valid members in the members list of respondent no.4 society. 2. On notice being issued to the respondents, respondents have filed their affidavit in reply. In the affidavit in reply at paragraph 3 it is stated that pursuant to the representation of the petitioner dated 29.9.2009, the respondents have taken action by issuance of an order dated 23.12.2009 under section 25-A and 79 (1) of the Maharashtra Co-operative Societies Act, 1960 and have directed respondent no.4 to include names of 140 valid members in the members list of respondent no.4 society. It has been brought to our notice that the aggrieved have also filed appeal 2 against the said order, which is pending. In the light of the fact that the respondents have passed an order which is subject to the decision of appeal, according to us no case for interference is made out and consequently this writ petition, which is sans merit, is summarily dismissed with no order as to costs. ( S. V. GANGAPURWALA, J.) ( P. V. HARDAS, J.) amj/wp8669.09