1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3243 OF 2010 1. Vasudeo s/o Rajaram Wani, Age 72 years, Occu.Pensioner, 2. Prabhakar s/o Tukaram Wani, Age 78 years, Occu.Pensioner, 3. Ramesh s/o Trimbak Deshmukh, Age 63 years, Occu.Pensioner, 4. Bhagwat s/o Kashiram Pawar, Age 52 years, Occu.Agriculture, 5. Mahesh s/o Vasudeo Wani, Age 40 years, Occu.Journalist, 6. Smt.Kalpana Dattatraya Kulkarni, Age 70 years, Occu.Household, 7. Narendra s/o Bhikaji Reghe, Age 65 years, Occu.Pensioner, All R/o Yawal, Taluka Yawal, District Jalgaon .. PETITIONERS VERSUS 1. The State of Maharashtra, Through the Secretary, Co-operation Department, Mantralaya, Mumbai 2. The Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik .. RESPONDENTS Shri V.D.Hon, Advocate for petitioners Shri S.V.Kurundkar, Addl.Govt.Pleader for respondents 1 and 2 2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 13th April, 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India filed by the petitioners prays for quashing and setting aside a show-cause notice dated 22.3.2010 issued by respondent No.2 in exercise of the powers under Section 78 of the Maharashtra Co- operative Societies Act. The petitioners also pray for issuance of a writ of mandamus directing the respondent No.2 not to give effect to any adverse order, if passed against the petitioners pursuant to the proceedings of the show-cause notice. 3. According to us the petitioners are not entitled to the relief at prayer clause (B) to the petition i.e. of quashing of the show- cause notice. Undisputedly, the petitioners have received the show-cause notice and have submitted their reply. The petitioners have thus submitted to the jurisdiction of the respondent No.2 and, therefore, the petitioners are not entitled for the relief of quashing of the show-cause notice. Moreover, the 3 petitioners have adequate remedies in law in the event the proceedings of show-cause notice culminate any issuance of the order against the interest of the petitioners. 4. However, we find that this Court in several matters has passed orders directing the respondents not to give effect to an adverse order, if passed against the petitioner. In that light of the matter, therefore, we partly allow this petition in terms of prayer clause (C) to the petition and direct respondent No.2 that in the event of passing of an adverse order pursuant to the proceedings of the show-cause notice, the said adverse order shall not be given effect to for a period of fifteen days from the date of receipt by the petitioners so as to enable the petitioners to file appropriate proceedings for challenging the same. 5. Petition is thus partly allowed. Rule is thus made absolute on the terms indicated above with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/3243.10wp)