1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1679 OF 2008 (Mahagaon Rural Non-Agricultural Credit Cooperative Society vs. State and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND P.B. VARALE, JJ. DATED : SEPTEMBER 4, 2008 Heard Shri Narwade, learned Counsel for the petitioner, and Shri Sambre, learned Government Pleader for the respondents. The petition is directed against the order dated 26/3/2008 passed by the respondent no.2 whereby Janta Rural Non-Agricultural Credit Cooperative Society, Mahagaon was merged with the petitioner Society. Shri Narwade, learned Counsel for the petitioner, states that prior to issuing the aforesaid order, procedure contemplated under Section 157 of the Maharashtra Cooperative Societies Act, 1960 was not followed by the respondent no.2 and, therefore, petitioner has filed the present petition. 2 Shri Sambre, learned Government Pleader on the basis of instructions received from the competent Authority, has made a statement that the respondents are ready and willing to follow the procedure so far as Society in question is concerned. In view of above referred statement made by the learned Government Pleader, cause of action in the present petition does not survive. Needless to mention that order dated 26.3.2008 shall not come in the way of the respondents to reconsider the issue as per procedure contemplated under the provisions of Section 157 of the Maharashtra Cooperative Societies Act. This order is limited to the petitioner Society only. In the circumstances, the petition is dismissed as infructuous. Copy of this order, duly authenticated by the Court Sheristedar, be given to the learned Government Pleader. JUDGE JUDGE khj