1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6300 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.M.S.Deshmukh, advocate for the petitioners. Mr.K.B.Choudhari, Addl.Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA,J. Date : 22.08.2011. 1. Heard. 2. The petitioners impugn the notice dated 8.3.2011, issued by the present Respondent No. 2, purportedly U/s 78 of the Maharashtra Cooperative Societies Act. Mr.Deshmukh, learned counsel contends that the petitioners had called for the meeting. Initially because of the circumstances beyond the control of the petitioners, the meeting could not be held but subsequently the meeting has been called and the same is held on 14.8.2011 in presence of 2 Respondent No.4. In view of that present notice could not have been issued. The authority prior to issuance of the notice has to satisfy itself about the grounds on which the notice has been issued. Without objectively satisfying itself, the notice has been issued. 3. Mr.Choudhari, learned Addl. Govt. Pleader submits that the notice is a show cause notice and the same is dated 8.8.2011 i.e. prior to the alleged meeting said to have been held by the petitioners. The petitioners have an opportunity to put forth their case before the Respondent No. 2, who would thereafter take appropriate decision as per law and in such circumstances, the Writ Petition will not be entertained. 4. The notice which is impugned in the present petition is a show cause notice. The petitioners have been given an opportunity to put forth their case before the authority. Even the petitioners are allowed to advance oral arguments before the authority as is contemplated in the impugned notice. 5. In view of the fact that the notice 3 impugned is a show cause notice in nature and I am not inclined to entertain the Writ Petition. The petitioners shall appear before the Respondent No.2 and file their say. The Respondent No.2 after giving an opportunity of hearing to petitioners shall decide the same on its own merits as per law. 6. Mr.Deshmukh, learned counsel, at this stage prays that if any order adverse to the interest of the petitioners is passed, the same may not take effect for a period of fifteen (15) days from the date of service of the order. 7. It is made clear that if any adverse order is passed by the Respondent No.2, pursuant to the impugned notice then the same shall not take effect for a period of eight (8) days from the date of service of the order passed pursuant to the impugned Notice. 8. The Writ Petition is accordingly disposed of. No costs. 9. Needless to state that all the contentions 4 are kept open. (S.V.GANGAPURWALA,J.) Dt.22.08.2011. asp/office/wp6300.11