1 wplod1478-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.1478 OF 2011 The Veershaiva Cooperative Bank Ltd. And Ors. .. Petitioners Versus Minister for Cooperation & Textiles .. Respondents Mr.E.A.Sasi for petitioners Mr.G.W.Mattos, AGP for respondent Nos. 1 to 4 Mr.S.P.Kadam for respondent No.5 CORAM : S.C.DHARMADHIKARI, J. 21st October, 2011. P.C.: 1] When this matter was argued and orders were reserved after conclusion of the arguments, Mr.Mattos, learned AGP sought time to take instructions. He stated before the Court that he would take written instructions from respondent Nos. 1 to 4 and communicate the State Government's decision. 2] After seeking instructions from the Department of Cooperation, Government of Maharashtra, he states that Government of Maharashtra and particularly respondent Nos. 1 and 2 will withdraw the order impugned in this petition dated 9th November 2010 passed on a revision application which was 2 wplod1478-11.doc preferred by respondent Nos. 5 to 21. 3] Mr.Mattos further clarifies that these instructions are given by the Secretary, Department of Cooperation after discussion with the Minister of concerned department and after obtaining necessary orders from him. 4] In the light of the statement made by Mr.Mattos, the order impugned in this petition stands quashed and set aside. The revision application preferred by respondent Nos. 5 to 21 shall now be heard by the Secretary, Department of Cooperation. He shall not only hear the respondent Nos. 5 to 21 but the petitioners before he passes any orders on the said revision application. Needless to state that when he passes fresh orders, he shall not be influenced by any of the conclusions and findings which have been rendered by the Minister of Cooperation in the impugned order in this petition and which stands set aside. 5] The Secretary is expected to apply his independent mind and not get influenced by any of the decisions earlier taken by either the department or the Minister in relation to Veershaiva Cooperative Bank. Needless, therefore, to emphasise that what is at stake is public interest as the allegations against the office bearers/ officers being serious, the Secretary shall pass a reasoned order after giving opportunity to both sides to place their version. 3 wplod1478-11.doc 6] In the light of the above, it is not necessary to examine the rival contentions on merits and all them raised by all parties are kept open. Petition is disposed of accordingly. The statements made on behalf of State and others are accepted. 7] The Secretary to decide the matter in terms of aforesaid statement as expeditiously as possible and before 7th December 2011. (S.C.DHARMADHIKARI, J)