wp4543-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4543 OF 2011 Ganpatrao Mahipati Kalkute .. Petitioner Versus Hon'ble Minister for Cooperation Mantralaya, Mumbai & Ors. .. Respondents Mr.S.S.Kanetkar for petitioner Mr.Vilas Tapkir for respondent Nos. 5 and 6 Ms.P.S.Cardozo, AGP for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd JUNE 2011. P.C.: 1] The petitioner was the original applicant in Revision Application No.352 of 2011. That revision application was directed against an order passed by the Divisional Joint Registrar, C.S.Pune dated 18th March 2011. The Divisional Joint Registrar confirmed the order of the Dy.Registrar C.S.Shirur dated 8th November 2010. The Dy.Registrar, Shirur in exercise of his powers under section 78 of MCS Act 1960 wp4543-11.doc 2 superseded the board of directors/ Managing Committee of Shri Hanuman Vividha Karyakari Seva Sanstha Maryadit, Kasari, taluka Shirur Dist. Pune. The Dy. Registrar proceeded to appoint Administrator after such supersession. 2] Aggrieved by this order, the matter was carried in appeal before the Divisional Joint Registrar and, thereafter in revision to the Minister. 3] The only contention raised by Mr.Kanitkar, learned Counsel appearing for petitioner is that this revision application was scheduled for hearing before the Minister, Cooperation and Textiles, Government of Maharashtra which was held on 18th April 2011. The petitioner was present. However, the roznama shows that the hearing was inconclusive. It appears that the next scheduled date of hearing was 7th June 2011 at 3.00 p.m., in the Chambers of Minister. However, the notice of this hearing was not received by the petitioner prior to 7th June 2011 and he in fact received the same on 8th June 2011. In his wp4543-11.doc 3 absence on 7th June 2011 hearing was concluded and the impugned order is passed. Mr.Kanetkar, points out that by letter dated 10th June 2011 addressed to the Minister, this grievance was raised and the communication is received in the office of Minister on 10th June 2011. He has also invited my attention to the roznama maintained by the Office of the Minister which shows that on 7th June 2011, the petitioner was absent. 4] Yesterday this matter was placed before me and I had orally directed the learned AGP to take instructions on this point and produce the record so as to controvert the contents of Annexure J and K to this petition and the submission of Mr.Kanetkar. 5] In all fairness, the learned AGP states that despite her repeated attempts, she could not receive any instructions. The learned Counsel for contesting respondents Mr.Tapkir also could not point out anything to the contrary. wp4543-11.doc 4 6] In these circumstances, finding substance in the short ground of the order being vitiated by non observance of principles of natural justice, it is quashed and set aside. The revision application will now be heard afresh on merits and in accordance with law. All parties to appear before the Minister of Cooperation and Textiles on 1st July 2011 at 11.00 a.m. and the learned Minister to then endeavour and dispose of the same as expeditiously as possible, within a period of two months. Until the revision application is decided and for a period of two weeks from the date of communication of the decision therein, the Administrator appointed by the Deputy Registrar shall not take charge if he has already not taken the same. Needless to clarify that no notice of hearing before the Minister on 1st July 2011 will be given to parties as they agree to abide by the time and date specified in this order. Further, needless to clarify that this Court has not expressed any opinion on the rival contentions. It is also pointed out that if the Administrator has taken charge, he should not take any steps wp4543-11.doc 5 to hold elections until the revision application is disposed of. 7] Petition is disposed of with above directions. No costs. (S.C.DHARMADHIKARI, J)