1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5638 OF 2009 ( Namdeo Vithoba Thakre vs. Maharana Pratap Nagri Sahakari Pat Sanstha & 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 23, 2010. Heard Shri Ghate, learned counsel for the petitioner, Shri Sohoni, learned counsel for respondents No. 1 & 2, Shri Deopujari, learned counsel for respondent No. 3 and Shri Kankale, learned AGP for respondent No.4. The property of the petitioner is sought to be auctioned for loan recovery from Respondent No. 3, his son. It is an admitted position before me that the petitioner is not a guarantor for said loan. The learned counsel for respondent No. 1 society stated that he is ready to argue the matter and only defence was, the petitioner has filed revision under Section 154 of Maharashtra Cooperative Societies Act, and that revision should be allowed to be proceeded further. In view of the admitted position, this contention of Respondent No. 1 – society does not show its bonafides but only reveal its intention to harass an unconnected person. It is also admitted that the society has not attached the property of the petitioner at any 2 time in the past before putting it into auction. Even auction notice at Annexure “A” is addressed to Respondent No. 3 – Ravindra Namdeorao Thakre. In view of this position, it is apparent that Respondent No. 1 is not acting bonafide in the matter. In this situation, as one of the prayers is to direct Respondent No. 4 to register the revision of the petitioner, that prayer is granted. The revision tendered by the petitioner shall be registered without insisting for any deposit and that condition stands waived in present matter. Respondent No. 4 after registering the revision, shall attempt to decide the same as early as possible and in any case by 31st July 2010. The revision be tendered to said authority with an advance copy thereof of Respondent No. 1 by 30th April 2010. Till 31st July 2010, Respondent No. 1 shall not take any action against the property which forms subject matter of auction notice dated 04.10.2009 and 26.11.2009. If Respondent No. 4 finds that Respondent No. 1 - society has acted illegally in the matter and caused undue harassment to the petitioner, Respondent No. 4 will be justified in taking appropriate action against the officer of Respondent No.1, responsible for the state of affairs. With these directions, writ petition is partly allowed. However, there shall be no order as to costs. JUDGE *GS.