( 1 ) wp8565.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8565 OF 2010 Purna Dugdh Utpadak Sahakari Sanstha Ltd. .. Petitioner Versus State of Maharashtra & Others .. Respondents Mr. R.T. Nagargoje h/f. Mr. M.V. Nagargoje, Advocate for the petitioner. Mr. V.D. Rakh, Advocate for respondent Nos. 1 to 3. Mr. S.S. Shete, Advocate for respondent No.4. CORAM : V.R. KINGAONKAR,J. DATED : 14.01.2011 P.C. :- 1. By consent of the learned Counsels for the parties, the petition is being disposed of on the following terms : i. Respondent No.2 shall consider the request of respondent No.4 for grant of permission to open bank account and to operate the scheme for collection of milk in the area for which respondent No.4 did apply. The impugned order is set aside. It is made clear, however, that no opinion is expressed on merit and the impugned order is being ( 2 ) wp8565.10 set aside only on the technical ground regarding the authority which is being disputed by the petitioner and in order to avoid legal obligations and further wastage of time in this Court by the parties and that it would be appropriate for respondent No.2 to take decision at his level. ii. The order of this Court shall not be interpreted to mean that respondent No.4 is ineligible and that the decision shall be taken on its own merit by respondent No.2 having regard to the norms which are settled down and that the petitioner will be at liberty to raise objections before respondent No.2 as may be permissible under the law. Respondent No.4, if he is already carrying out the scheme for collection of the milk, then status-quo position to be maintained only for a period of four months and within such period the appropriate decision to be rendered by respondent No.2 on merits of the matter. 2. The petition stands disposed of accordingly. [V.R. KINGAONKAR,J.] snk/2011/JAN11/wp8565.10