1 wp 6550.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6550 OF 2010 Ganesh Maharu Zope & others .. Petitioners Versus The State of Maharashtra & others .. Respondent Shri B. R. Waramaa, Advocate for Petitioners. Shri K. J. Ghute Patil, A.G.P. for the Respondent/State. Shri Vinod P. Patil, Advocate for the Respondent No. 8. WITH WRIT PETITION NO. 6569 OF 2010 Nilkanth S/o Gambhir Mahajan .. Petitioner Versus The State of Maharashtra & others .. Respondent Shri S. S. Shete, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for the Respondent/State. Shri Vinod P. Patil, Advocate for the Respondent No. 8. WITH WRIT PETITION NO. 6552 OF 2010 Chandrakant Hari Badhe & others .. Petitioners 2 wp 6550.10 Versus The State of Maharashtra & others .. Respondent Shri Vijay B. Patil, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for the Respondent/State. WITH WRIT PETITION NO. 6981 OF 2010 Ashok Hari Badhe .. Petitioner Versus The State of Maharashtra & others .. Respondent Shri Vijay B. Patil, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for the Respondent/State. Shri R. N. Dhorde, Advocate for the Respondent No. 8. WITH WRIT PETITION NO. 6984 OF 2010 Sanjay Vasudeo Naik .. Petitioner Versus The State of Maharashtra & others .. Respondent Shri Vijay B. Patil, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for the Respondent/State. Shri V. P. Patil, Advocate for the Respondent No. 8. 3 wp 6550.10 CORAM : S. V. GANGAPURWALA, J. DATE : 15TH JUNE, 2011. PER COURT : . The petitioners assail the order dated 11/14.06.2010 passed by the Hon'ble Minister of State for Co-operation thereby rejecting the appeals filed by the present petitioners. Heard the respective counsel for the petitioners, Shri Dhorde, the learned counsel for the respondent No. 8 and Shri Ghute Patil the learned Assistant Government Pleader for respondent Nos. 1 to 7. 2. Action U/Sec. 88 was taken against the present petitioners. They assailed the same before the Hon'ble Minister, who initially disposed of the appeals on the basis of the undertaking given by the petitioners. The Hon'ble Minister vide order dated 24.02.2010 suspended the order dated 14.07.2009 passed U/Sec. 88 of the Maharashtra Co-operative Societies Act 1960. 3. Thereafter, vide the impugned order the Hon'ble Minister dismissed the appeals and the earlier order passed on 24.02.2010 by the Hon'ble Minister was vacated and the order dated 14.07.2009 passed by the District Deputy Registrar was made 4 wp 6550.10 absolute. 4. The learned counsel for petitioners contend that the Hon'ble Minister did not give them an opportunity of hearing. An adjournment was sought, as the advocate was out of station, but the Hon'ble Minister rejected the said adjournment application and without giving any opportunity of hearing dismissed the appeals. According to the learned counsel an opportunity deserves to be given to them to put forth their case before the Hon'ble Minister. 5. Shri Dhorde, the learned counsel for the respondent No. 8 submits that the petitioners themselves had given the undertaking before the Hon'ble Minister thereby agreeing to recover the amount and pay the same within two years. The petitioners committed gross violation of the said undertaking. As such, the Hon'ble Minister was justified in passing the impugned order. No purpose would have been served even by giving an opportunity of hearing to them. The attitude of the petitioners did not warrant such an indulgence. 6. Perusal of the order, it is manifest that the order was 5 wp 6550.10 passed without hearing the petitioners and adjournment was sought for working out the matter, as their advocate was out of station. The Hon'ble Minister observed that the ground put forth for adjournment is vague and as such rejected the adjournment. The substantial rights of the parties were involved, as such it would have been in fitness of things to grant an opportunity to the petitioners to put forth their case. 7. As the impugned order is passed without hearing the petitioners, I feel it appropriate to relegate the parties before the Hon'ble Minister who shall give an opportunity to all the parties to put forth their case. 8. In the result, the impugned order dated 11/14.06.2010 passed by the Hon'ble Minister of State for Co-operation is quashed and set aside. The parties are relegated to the Hon'ble Minister who shall decide the said appeals afresh after giving an opportunity of hearing to all the parties. The parties shall appear before the Hon'ble Minister on 01st July, 2011. The Hon'ble Minister shall decide the said appeals within a period of two months from the date of their appearance. As all the parties are present before this Court and have agreed to appear before 6 wp 6550.10 the Hon'ble Minister on 01st July, 2011, the notices of the appeal are dispensed with. The learned Assistant Government Pleader undertakes to communicate this order. [ S. V. GANGAPURWALA, J. ] bsb/June 11