1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5560 OF 2010 1. Shrigopal Ramnath Dhoot, Age 69 years, Occ. .Business, R/o Gangapur Compound, Sahakar Sabhagruh Road, Ahmednagar, District Ahmednagar. 2. Satyanarayan Bansilal Sarda, Age 69 years, Occ. Business, R/o Sarda Lane, Ahmednagar, District Ahmednagar. 3. Subhash Krishnalal Jaggi, Age 55 years, Occ. Business, R/o Govindpura, Ahmednagar, District Ahmednagar. 4. Harji Devji Diwan, Age 65 years, Occ. Business, R/o Tilak Road, Ahmednagar, District Ahmednagar. 5. Rajendra Natwardas Gujrathi, Age 50 years, Occ. Business & Tax Consultant, R/o Imarat Company, Adhmednagar, District Ahmednagar. 6. Subhash Kashinath Trimukhe, Age 63 years, Occ. Agriculture, R/o Savtanagar, Bhingar, Ahmednagar, District Ahmednagar. 7. Pradeep Bishandas Panjabi, Age 53 years, Occ. Business, R/o Yashwant Colony, Ahmednagar, District Ahmednagar. 2 8. Sudhir Radheshyam Jalani, Age 58 years, Occ. Business, R/o Zalani Agency, Opp. Datta Hospital, Ahmednagar, District Ahmednagar. 9. Prakash Vasudeodas Gandhi, Age 54 years, Occ. Business, R/o Ganjbazar, Ahmednagar, District Ahmednagar. 10. Jagannath Pandharinath Agarkar, Age 72 years, Occ. Agriculture, R/o Agarkar Mala, Ahmednagar, District Ahmednagar. 11. Sharad Lingappa Kyadar, Age 54 years, Occ. Business, R/o Bazar Patii, Ahmednagar, District Ahmednagar. 12. Govardhan Motilal Bihani, Age 51 years, Occ. Business, R/o Adte Bazar, Ahmednagar, District Ahmednagar. ... PETITIONERS VERSUS 1. The State of Maharashtra, through the Secretary, Department of Co-operation, Mantralaya, Mumbai. 2. The District Deputy Registrar, Co-operative Societies, Ahmednagar, District Ahmednagar. ..... Shri V.D. Hon, Advocate for the petitioners Shri K.J. Ghute Patil, A.G.P. for respondents ..... 3 CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 25th June, 2010 ORAL JUDGMENT (PER HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. We have heard Mr. V.D. Hon, learned counsel for the petitioners and Mr. Ghute Patil, learned A.G.P. for respondent Nos.1 and 2. 3. It appears that, a notice under Section 78 of the Maharashtra Co-operative Societies Act came to be issued against the petitioners levelling various charges against the petitioners. We are informed that the proceedings in respect of the said show-cause- notice are pending and have not been decided. Since the proceedings are pending consideration with the respondents in respect of the issuance of the show-cause-notice, according to us, the petitioners cannot invoke jurisdiction of this Court for quashing and setting aside the said show-cause-notice. Mr. V.D. Hon, learned counsel for the petitioners very rightly states that the petitioners do not press for the 4 relief at prayer clause (B) to the petition. The petitioners, by virtue of prayer clause (C) to the petition, have also prayed that in the event any adverse order is passed by the respondent No.2 – District Deputy Registrar, Co-operative Societies, Ahmednagar pursuant to the proceedings of the show-cause-notice, the same may not be given effect to for a period of four weeks from the date of service of such adverse order so as to enable the petitioners to avail the alternate remedies available to the petitioners in law. Reliance is also placed on similar orders passed by a Division Bench of this Court granting the protection as is prayed for. 4. In that light of the matter, therefore, this petition stands dismissed in respect of prayer clause (B) to the petition. We allow this petition in respect of prayer clause (C) to the petition by directing that in the event respondent No.2 – District Deputy Registrar, Co-operative Societies, Ahmednagar passes an order which is adverse to the petitioners pursuant to the proceedings of the show-cause-notice, the same shall not be given effect to for a period of two weeks from the date of service of the notice on the petitioners. 5. Rule is thus made absolute on the above terms with no order as to costs. 5 6. Copy of this order, duly authenticated by the Sheristedar, be provided to learned counsel for the petitioners. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)