1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1556 OF 2010 1. Vijay Gambhirmal Jain } Age : 55 Years, Occ. : Business } R/o : Plot No. 34, Zilla Peth, } Jalgaon, Dist. Jalgaon. } 2. Razzak Khan Gani Khan } Age : 40 Years, Occ. : Business } R/o : 54, Aksanagar, } Jalgaon, Dist. Jalgaon. } 3. Deelip S/o Kantilal Jain } Age : 35 Years, Occ. : Business } R/o : Golani Market, } Jalgaon, Dist. Jalgaon. } 4. Deelip S/o Babulal Darda } Age : 50 Years, Occ. : Business } R/o : Ring road, Jalgaon, } Dist. Jalgaon. } ..... PETITIONERS VERSUS 1. The State of Maharashtra } Through the Secretary } Co-operation Department, } Mantralaya, Mumbai. } 2. The District Deputy Registrar } Co-operative Societies } Jalgaon, Dist. Jalgaon. } .... RESPONDENTS 2 Mr. V.D.Hon, Advocate for petitioner. Mr. S.K.Tambe, Assistant Govt. Pleader. . CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT: 29/03/2010 ORAL JUDGMENT : [ PER – P.V. HARDAS, J. ] 1. At the out set, Mr. Hon, learned counsel for the petitioners seek leave to amend the petition by incorporating the prayer for challenging show cause notice issued under section 78 of the Maharashtra Co-operative Societies Act ( For short, ‘ the Act ’ ). Leave granted. Amendment to be carried out forthwith. 2. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing at the stage of admission. 3. We have heard Mr. V.D.Hon, learned counsel for the petitioners and Mr. S.K. Tambe, Assistant Govt. Pleader for respondent nos. 1 and 2 - State. 4. The petition in so far as it relates to the amended prayer 3 clause, is not maintainable as by virtue of amended prayer clause, the petitioners seek to challenge the show cause notice issued under section 78 of the Act. The petitioners have adequate remedy available of submitting reply to the show cause notice and submitting to the jurisdiction of the authority. The petition, therefore, is liable to be dismissed in so far as it relates to the amended prayer clause. Alternatively, the petitioners have prayed that in the event as adverse order is passed by the District Dy. Registrar, Co-operative Societies, Jalgaon, the same may not be given effect to for a certain period so as to enable the petitioners to avail the remedy available to them in law for challenging the said adverse order. We see no impediment whatsoever in granting the alternate remedy. 5. Accordingly, this petition is allowed in so far as it relates to the alternate prayer i.e. prayer clause ‘ B ’ to the petition. We direct that in the event the order is passed adverse to the interest of the petitioners pursuant to the issuance of the show cause notice by the District Dy. Registrar, Co-operative Societies, Jalgaon, the same shall not be given effect to for the period of 15 days from the date of its service on the petitioners, so as to enable the petitioners to avail the remedies available to them in law. In the event the appellate or the revisional authority is hearing the Appeal / Revision filed by the petitioners against the said impugned order, the fact that this Court has granted stay to that order shall not influence the authority in 4 independently deciding the question of entitlement of the petitioners for the said relief. 6. Writ Petition is allowed on the terms indicated above with no order as to costs. The parties to act upon a copy of this Order duly authenticated. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 1556.10