1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.6134 of 2010 (Vijay V. Waghmare v. The State of Maharashtra and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri M.V. Samarth, Advocate for Petitioner. Shri A.G. Mujumdar, AGP for Respondent Nos.1 to 3. Shri N.B. Kalwaghe, Advocate for Respondent No.6. Shri S.N. Gaikwad, Advocate for Respondent Nos.7 to 16. Coram : R.K. Deshpande, J. Dated : 10 th August, 2011 1. This petition challenges the order dated 8-12-2010 passed by the Divisional Joint Registrar, Co-operative Societies, Amravati. By this order, the Divisional Joint Registrar has set aside the order dated 19-10-2010 passed by the District Deputy Registrar, Co-operative Societies, Buldana, under Section 78 of the Maharashtra Co-operative Societies Act, 1960 superseding the Managing Committee of the Society and appointing the Board of Administrators, and remanded the matter back to the 2 District Deputy Registrar for conducting a fresh enquiry. 2. Shri Samarth, the learned counsel appearing for the petitioner, has urged that the Divisional Joint Registrar has recorded the finding holding that the members of the Managing Committee are guilty of the charges of misappropriation and the reasons given for remand of the matter are non-existent. Hence, this Court can entertain this petition under Articles 226 and 227 of the Constitution of India. 3. Shri Mujumdar, the learned AGP appearing for respondent Nos.1 to 3; Shri Kalwaghe, the learned counsel appearing for respondent No.6; and Shri Gaikwad, the learned counsel appearing for respondent Nos.7 to 16, submit there exists an alternate remedy of revision before the State Government under Section 154 of the Maharashtra Co-operative Societies Act. Shri Samarth, the learned counsel for the petitioner, submits that the order impugned in this petition is without jurisdiction and hence the petition can be entertained by this Court. He, however, does not dispute about the existence of remedy of revision before the State Government under Section 154 of the said Act. 3 4. It cannot be disputed that under Section 152 of the Maharashtra Co-operative Societies Act, the Divisional Joint Registrar, Co-operative Societies, has power to remand the matter back for a fresh enquiry. The question whether the grounds for remand of the matter are existent or non-existent, can be gone into in the revision before the State Government. 5. In view of this, Shri Samarth, the learned counsel for the petitioner, seeks permission to withdraw the petition with liberty to approach the State Government by filing a revision under Section 154 of the Maharashtra Co-operative Societies Act. 6. Permission is granted. 7. The petition is disposed of as withdrawn with liberty as prayed for. Judge pdl