wp4330-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4330 OF 2011 Loni Devkar Vividh Karyakari Seva Sahakari Sanstha .. Petitioner versus Harshavardhan Patil & Ors .. Respondents Mr.S.S.Patwardhan with Ms.Dipti Pawar for the petitioner. Mr.S.R.Nargolkar for respondent Nos.2 to 4. Mr.S.P.Kadam for respondent No.5. CORAM : S.C.DHARMADHIKARI, J. 17th JUNE 2011. P.C.: . The Minister of Co-operation and Textiles, Government of Maharashtra has made the impugned order without hearing the petitioner. Although the petitioner is party/opponent No.4, the appeal has been heard in the absence of the petitioner. Only the proposed Society was represented. Similarly, the Assistant Registrar, Co-operative Society, Taluka Indapur, Pune was present. The order does not indicate that anybody from the petitioner was present or that any notice was given, despite wp4330-11.doc 2 receipt of such notice, they did not attend the hearing. In these circumstances, the order is set aside. The appeal is restored to the file of the State Government and shall now be heard by the Secretary, Department of Co-operation and Textiles. 2 Mr.Kadam appearing on behalf of the Shivshankar Vividh Karyakari Sahakari Seva Sanstha Maryadit, makes a grievance that the order is passed on 18th August 2009 and the writ petition is filed on 7th June 2011 and circulated for admission today. He had no time to seek instructions. However, in the meanwhile, the respondent No.5-Society has been registered and is functioning. 3 The order that I have made, does not affect any rights that may have accrued already in favour of respondent No.5. However, it is clarified that they would be subject to the appeal. Since the appeal was preferred by respondent No.5 and that is being restored to file, there is no reason why respondent No.5 should have any grievance and particularly when their present status is not affected adversely. All that is being clarified is, that wp4330-11.doc 3 the registration of respondent No.5 is without prejudice to the rights and contentions of the parties in the pending appeal. Pending appeal shall be disposed off by the Secretary of the concerned Department within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed off in these terms. No costs. (S.C.DHARMADHIKARI, J)