1 Wp7138n7140.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7138 OF 2010 Shri Rasaidevi Vividh Karyakari Sahakari (Vikas) Seva Sanstha Maryadit & Anr. .. Petitioners Vs State of Maharashtra & Ors. .. Respondents ­­ AND WRIT PETITION NO. 7140 OF 2010 Shri Kedarling Vividh Karyakari Sahakari (Vikas) Seva Sanstha Maryadit & Anr. .. Petitioners Vs State of Maharashtra & Ors. .. Respondents ­­ Shri S.S. Patwardhan for the Petitioners. Shri Suresh Bhosale, AGP for Respondent Nos.1 and 2. Shri Vivek Salunkhe i/by Shri P.H. Gaikwad for Respondent No.3. ­­ CORAM : A.S.OKA, J. DATE : 5TH OCTOBER, 2010 P.C: . Heard learned counsel appearing for the Petitioners, learned AGP for the 1st and 2nd Respondents and learned counsel appearing for the 3rd Respondent. 2. The first contention of the learned counsel appearing for the Petitioners is that the Petitioners were not heard by the Appellate Authority before passing the impugned order. The second contention is that the 2 Wp7138n7140.10 appeal before the State Government was not maintainable. 3. Learned counsel appearing for the 3rd Respondent submitted that the notices were served to the Petitioners. He submitted that the appeal was maintainable. However, after perusal of the record of the appeals produced before this Court, the learned counsel appearing for the 3rd Respondent stated on instructions that instead of keeping the petitions pending in this Court, by setting aside the impugned orders, the appeals be ordered to be heard afresh. Request is reasonable and the same deserves to be accepted. 4. Before passing a final order, it must be noted that this Court perused the record of the appeals and there is nothing on record to show that when the appeals were taken up for hearing, the notices of the appeals were served to the Respondents in the said appeals. There is no noting made in the Roznama of the proceedings of the appeals that the notices of the Respondents were served. It appears that there is no procedure followed by the State Government of scrutinising the appeals before the same are taken up for final hearing. It is necessary that some officer of the State should verify whether the appeals are ready for final hearing before the same are placed for final hearing before the concerned Authority. As this simple procedure is not followed by the State Government, in a large number of matters it is found that the appeals and the revisions under the Maharashtra Cooperative Societies Act, 1960 are being disposed of without 3 Wp7138n7140.10 service of the notices to the contesting Respondents. It is for the State to ensure that before the appeals and the revisions are taken up for final hearing, the same are ready for final hearing. 5. The Petitions are disposed of by passing the following order. (a) The impugned orders dated 18th August, 2008 are quashed and set aside and Appeal Nos.383 of 2010 and 385 of 2010 are restored to the file of the State Government. (b) The parties are directed to appear before the Appellate Authority on 25th October, 2010 at 11.00 a.m. only for the purposes of fixing the date of hearing. (c) The issue of maintainability of the appeals before the State Government is kept open. (d) Writ Petitions are partly allowed on above terms. (e) All contentions of the parties on merits are kept open. (A.S.OKA, J)