1 wp2271.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2271 OF 2011 Shri Basavraj Mallesha Bagale & Anr. : Petitioners V/s. The Minister of Marketing, Maharashtra State & Ors. : Respondents .... Mr.Rajaram V. Bansode for the petitioners. Mr.C.R.Sonawane, Asstt. Govt. Pleader for respondent no.1. Mr.S.S.Kanetkar for respondent no.3. Mr.Anand S. Kulkarni for respondent no.4. ... CORAM : D.D. SINHA & A.R.JOSHI, JJ. DATE : JULY 29, 2011. P.C.: Heard the learned counsel for the petitioners and the learned counsel for the respective respondents. 2. The counsel for the petitioners states that in the instant petition, the petitioners have limited their grievance only in respect of the inaction on the part of the District Deputy Registrar, Co-operative Societies, Solapur, in not completing the inquiry as directed by the Minister within 2 wp2271.11 two months as per order/communication dated 13.4.2010 which is annexed to the petition as exh.`C’. The learned Asstt. Govt. Pleader has submitted that the contention canvassed by the counsel for the petitioners regarding the inaction on the part of the District Deputy Registrar is not correct. It is submitted that vide letter dated 14.12.2010, the Special Auditor, Flying Squad, Solapur, was directed to submit detailed inquiry report with reference to the petitioners’ application dated 28.12.2008 on or before 15.1.2011. It is further contended that on 10.3.2011 the office of the District Deputy Registrar, Co-operative Societies, Solapur, received a report from the Special Auditor, Flying Squad, Solapur, wherein it is mentioned that the respondent no.4 and 12 persons from the Board of Directors of the APMC, Solapur, are responsible for losses caused to the APMC on account of excess payment paid to the Contractor for renewal of Cold Storage in APMC, Solapur. The learned Asstt. Govt. Pleader states that it is necessary to appoint an Arbitrator under section 53 of the Act to quantify the exact amount of losses incurred by the APMC, Solapur. It is contended that an inquiry under section 40 of the Act has been initiated against the respondent no.4 and the Board of Directors of the APMC, Solapur. 3. The counsel for the respondent no.4 has submitted that the inquiry 3 wp2271.11 is in progress and, therefore, it is not possible to pre-judge the issue at this stage so far as the alleged irregularity or illegality alleged to have been committed by the respondent no.4. 4. Heard the counsel for the respective parties. On the back-drop of the above referred facts, it appears that the Minister for Co-operation and Marketing vide communication dated 13.4.2010 directed the Deputy Registrar, Co-operative Societies, Solapur, to conduct requisite inquiry against the respondent no.4 and complete the same within two months and also directed to submit report thereof to the State Government. The statement made by the learned Asstt. Govt. Pleader referred to hereinabove demonstrates that inquiry under section 40 of the Act has already been commenced. As per the communication of the Minister, the District Deputy Registrar was supposed to complete the inquiry within two months. However, for reasons best known to the authorities, till today the inquiry has not been completed, at the same time, it will not be appropriate at this stage for us to to express any view one way or the other in respect of the issue raised by the petitioners and it is for the authorities to conclude the same, in accordance with law. 5. In the circumstances, we direct the District Deputy Registrar, Co- 4 wp2271.11 operative Societies, Solapur (respondent no.2) to complete the inquiry within a period of eight weeks from the date of communication of this order in accordance with law and procedure applicable in this regard as well as on its own merit and submit report to the State Government as directed vide communication dated 13.4.2010. With the above observations and directions, the petition is disposed of. (D. D. SINHA, J.) (A.R. JOSHI, J.)