1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2523 OF 2010 Vijay S/o Bhaskarrao Auti } Age : 53 Years, Occ. : Agriculture, } R/o : :Parner, Tq. Parner, } Dist. Ahmednagar } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through the Secretary } Co-operation Department } Mantralaya, Mumbai. } 2. The Assistant Registrar } Co-operative Societies } Parner, Tq. Parner, } Dist. : Ahmednagar. } .... RESPONDENTS Mr. V.D.Hon, Advocate for petitioner. Mr. S.K.Tambe, Assistant Govt. Pleader for State. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 23/03/2010 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. We 2 have heard Mr. V.D.Hon, Advocate for petitioner and Mr. S.K.Tambe, Assistant Govt. Pleader for State. 2. At the out set, Mr. Hon, learned counsel for the petitioner seeks oral leave to amend the petition by incorporating at prayer clause for quashing and setting aside the show cause notice dated 6/3/2010. Leave granted. Amendment to be carried out forthwith. 3. This is a petition at the instance of the petitioner under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing for quashing and setting aside the show cause notice dated 6/3/2010 and alternatively the petitioner has prayed for issuance of appropriate directions to the respondents not to give effect to the order if adverse to the interest of the petitioner and if passed pursuant to the said show cause notice. 4. Since this petition impugns show cause notice, we are not inclined to interfere in this petition. The petitioner should respond to the show cause notice and submit to the jurisdiction of the authority and answer the charges levelled in the said show cause notice. Since the petitioner has adequate remedies available in law of challenging the order in the event it is adverse to the petitioner, we are not inclined to interfere as far as prayer clause A-1 is concerned. However, we allow this petition in so far as the alternate relief which the petitioner has prayed for i.e. of directing respondent not to give effect to the order 3 passed pursuant to the show cause notice if adverse to the interest of the petitioner for a period of 10 days from the receipt of the said order. The petition is, therefore, allowed in terms of the alternate relief as stated above. 5. Rule thus made absolute in the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2523.10 ( J )