1 wp1497.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1497 OF 2011 [ Swami Vivekanand Nagri Sahakari Patsanstha Ltd., Rahata vs. The Commissioner of Co-operative and Registrar, Co-operatrive Society & Ors. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Amol S. Gandhi, Advocate for petitioner. Mr. D.R. Kale, AGP for Respondent/State. Mr. N.R. Bhavar, Advocate for Resp. No.4. CORAM : S.S. SHINDE, J. DATE : 12TH SEPTEMBER, 2011 PER COURT : . At the outset, learned Counsel appearing for the petitioner submits that, the point raised in this petition is no more res-integra and covered by the judgment of this Court (Coram : S.V. Gangapurwala, J.) dated 07-06-2011 in Writ Petition No. 8535 of 2010. The learned Counsel appearing for the respondents do 2 wp1497.11 not dispute the position as stated by learned Counsel appearing for the petitioner. 2. This Court in Writ Petition No. 8535 of 2010 in Paragraph-6 has observed that, the leave cannot be refused by authority without assigning any reasons. It is further observed that, the phraseology of Section 107 of the Maharashtra Co-operative Societies Act, 1960 does not permit the authority to refuse leave in such a manner. 3. Therefore, for the reasons which are assigned in Writ Petition No. 8535 of 2010, writ petition is allowed. The impugned judgment and order is quashed and set aside. The authority concerned who has passed the impugned order shall give permission/leave to the petitioner to institute the suit against respondent No.4 3 wp1497.11 in respect of subject matter applied. Writ Petition is allowed to above extent and stands disposed of. [S.S. SHINDE, J.] sut/SEP11