1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5472 OF 2009 (Mahadeo Shravan Amnekar vs. Dnyaneshwar Krushnaji Bhoyar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 07, 2010. Heard Shri Sohoni, learned counsel for the petitioner, Shri Khubalkar, learned counsel for respondent No. 1 and Shri Kankale, learned AGP for respondents No. 2 & 3. The deceased mother of Respondent No. 1 was borrower and in default. After her death, Respondent No.1 inherited immovable property and it is the contention that loan of mother was repaid by Respondent No. 1 but through his sister. It is further contended that Respondent No. 1 is running a shop by name Akhil Krushi Sewa Kendra and, therefore, he is also disqualified as Director/ President of Respondent No. 4 – society. Shri Khubalkar, learned counsel and learned AGP state that there is no material to show the truth in all these assertions. With the assistance of learned counsel, I have perused the papers. The question whether Respondent No.1 still continues to be owner/ proprietor of Akhil 2 Krushi Sewa Mandal, is disputed question of fact. In 2003, he was already disqualified from continuing as Member of Umred Block Development Cooperative Agricultural Sale, Purchase Society. The authority below has applied its mind and found no substance in the allegation as made. Similarly, merely because the deceased mother was defaulter, that does not mean that Respondent No. 1 automatically inherits the character as defaulter. The repayment of loan by his sister or then by him does not in any way render him disqualified to continue as Member. There is nothing on record to show that loan outstanding or loan account of deceased mother was transferred to Respondent No.1. In the circumstances, I am not inclined to interfere in the matter in writ jurisdiction. If the said status continues, it is open to the petitioner to file fresh proceedings. Writ Petition is dismissed. However, there shall be no order as to costs. JUDGE *GS.