vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8047 OF 2008 WRIT PETITION NO.8047 OF 2008 WRIT PETITION NO.8047 OF 2008 Dhondiram Narayan Gaikwad & Anr. ... Petitioners V/s. District Deputy Registrar & Ors. ... Respondents Mr.Amit B. Borkar for Petitioners Mr.C.R. Sonawane, AGP, for Respondent Nos.1 and 3 Mr.V.A. Thorat with S.S. Shah for Resp. No.4 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: DECEMBER 16, 2008 DECEMBER 16, 2008 DECEMBER 16, 2008 P.C.: P.C.: P.C.: . The grievance of the petitioner is that by the impugned order dated 8.12.2008, Respondent No.3 without issuing notice to the petitioner has vacated the order of stay granted in their favour on 19.6.2008. 2. The learned AGP, on instructions from Shri P.R. Bachhe, Desk Officer, Mantralay, states that the delegation of the appellate powers to the Divisional Joint Registrar, Cooperative Societies is only in a draft stage in view of the draft notification issued on 21.3.1984. 3. Without going into the merits of the dispute, in my opinion, it would be appropriate to set aside the : 2 : impugned order and direct the Respondent No.3 to decide the appeal afresh. As a consequence, the order dated 8.12.2008 is set aside and the order dated 19.6.2008 will operate. 4. The petitioner and the Respondent No.4 will appear before Respondent No.3 on 30.1.2009 at 3 pm for hearing the appeal filed by the petitioner being Appeal No.APP-2008/PRK271/11-S, Cooperation and textile division, Mantralay, Mumbai. Respondent No.3 will dispose of the application within four weeks thereafter. All contentions of both the parties are left open. 5. Petition is disposed of accordingly.