1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4183 of 2001 1. Chairman, Amalner Taluka, Sahakari Machhimar SocietyLtd., Amalner, Dist. Jalgaon. 2. Vice Chairman, Amalner, Taluka Sahakari Machhimar Society Ltd., Amalner, Dist. Jalgaon. ...PETITIONERS VERSUS 1. The State of Maharashtra. 2. The Executive Engineer, Irrigation and Water Supply Division, Z.P., Jalgaon. 3. The Sub Divisional Officer, Zilla Parishad, Irrigation and Water Supply, Sub Division, Chopda, Dist. Jalgaon. 4. The Chairman, Shamrao Bhaga Bhoi Nootan Machhimar Society, Parola, Dist. Jalgaon. ...RESPONDENTS ... Mr.D.V.Tele, A.G.P., for respondent State. ... CORAM:S.B.DESHMUKH AND K.U.CHANDIWAL, JJ. DATE:26/8/2010 2 PER COURT : (Per S.B.Deshmukh, J.) 1. None appears for the petitioner. We heard learned A.G.P. Mr.D.V.Tele, who is present before this Court. 2. Petitioner is a cooperative society registered under the provisions of Maharashtra Cooperative Societies Act, 1960 ( hereinafter referred to as the "Act of 1960"). Respondent no.1 is State. Respondent no.2 is Executive Engineer, Irrigation and Water Supply Division, Zilla Parishad, Jalgaon. Respondent No.3 is the Sub Divisional Officer, Zilla Parishad, Irrigation and Water Supply Sub Division, Chopda, dist. Jalgaon. Respondent no.4 is the Cooperative society registered under the provisions of the said Act of 1960. 3. It appears to be a dispute amongst two cooperative societies i.e. petitioner Amalner Taluka Sahakari Machhimar Society Ltd., Amalner, dist. Jalgaon and respondent no.4 Shamrao Bhaga Bhoi Nootan Machhimar Society, Parola, dist. Jalgaon, on account of rights of fishing in Gandhali Percolation Tank within the limits of Jalgaon district, for a period of one year. It appears from the record and communication dt.16th August, 2001 (Exh.Q, page No.104) that communication was addressed to the petitioner by 3 respondent no.2 the Executive Engineer, Irrigation and Water Supply Division, Zilla Parishad, Jalgaon, informing the petitioner that auction of fishing rights of Gandhali Percolation Tank, was scheduled on 22nd June, 2001. On that day the petitioner did not remain present despite communication by respondent no.2. Exh.R (page no. 106) is another communication dt.17th August, 2001, addressed by respondent no.3 to the present petitioner, informing that the contract of fishing rights from Gandhali Percolation Tank, Amalner, Zilla Parishad, Jalgaon, has been given to respondent no.4 on 27th July, 2001 and in the next year the case of the present petitioner society was promised to be considered. These communications i.e. Exh.Q and Exh.R are assailed in this writ petition by the petitioners. 4. Notice was issued by this Court on 9th Oct.,2001. Learned A.G.P. took notice for respondent no.1 society. This Court, by order passed on Nov.,8, 2001 had issued Rule and interim relief in terms of prayer clause C. Petition is pending hearing from the date of issuance of Rule till today. None appears for the petitioner and respondent no.4. As it is seen from the record the issue was in respect of grant of leasehold rights for fishing at Gandhali Percolation Tank, Amalner, dist. Jalgaon, for a specific period of one year, probably, the 4 petitioner has lost interest. Apart from this, on account of passage of time, this petition, in our opinion, has become infructuous. Writ Petition stands dismissed. Rule discharged. No costs. Needless to mention, interim relief stands vacated. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE agp/4183-01wp