1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4376/2009 Yashwant s/o Ukha Patil & Ors .. PETITIONERS VERSUS The State of Maharashtra & Anr. .. RESPONDENTS ... Shri V.D.Hon,Adv.for petitioners Shri S.K.Kadm,AGP.for Respondents 1 & 2.. ... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 15/07/2009 ORAL ORDER : At the outset, Shri V.D.Hon, learned counsel for petitioners has sought leave to amend the petition for incorporating the challenge to the show cause notice issued by respondent no.2 dated 29/6/2009. Leave granted. Amendment to be carried out forthwith. 2. This petition under Article 226 of the Constitution of India filed by the petitioners seeks for quashing and setting aside the show cause notice issued by respondent no.2 dated 29/6/2009 and also prays for issuance of writ, directing that in the event any adverse orders are passed against the petitioners under Section 78 of the Maharashtra Co-operative Societies Act, 1966, the same may not be given effect to, for a period of 4 weeks from the date of service of the order on the petitioner. 3. Undisputedly, the petitioners have been issued with the show cause notice under Section 78 of the Maharashtra Civil Services Act 2 1966 calling upon the petitioners to show cause in respect of the charges which are subject matter of the show cause notice. The petitioners, it is stated before us, would be submitting their reply to the show cause notice, shortly. In the light of the fact that the grounds which are urged by the petitioners, petitioners have adequate remedy of ventilating their grievance in the show cause notice. We are not inclined to entertain this petition in respect of the amended prayer clause AA. We are therefore, inclined to dismiss the petition. We direct that in the event any adverse order is passed by respondent no. 2 the Assistant Registrar, Cooperative Societies,Parola in respect the show cause notice issued to the petitioners dated 29/6/2009, the same would not be given effect to, for a period of four weeks from the date of service of the said order, in order to enable the petitioners to avail the alternate remedies available to the petitioners in law. Since We have not adjudicated in respect of any of the contentions raised by the petitioners in this petition, all points are kept open and are available to be urged before the authorities. 4. This Writ Petition is therefore, dismissed with the aforesaid directions, with no order as to costs. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/wp4376-09