wp4228.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4228/2011 Indian Coffee House Workers Cooperative Society Limited -vs- Life Insurance Corporation of India and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri M. R. Pillai, counsel for the petitioner. Shri P.P.Kothari, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : 09.09.2011. By this petition, the petitioner impugns the order dated 30/04/2011 passed by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 rejecting an application filed by the petitioner for framing an issue as regards the maintainability of the proceedings. It appears on hearing the parties and it is also not disputed by the learned counsel for the petitioner that the proceedings are maintainable under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in view of the law laid down by the Supreme Court in the case of M/s. Crawford Bayle and Company -vs- Union of India. The learned counsel for the petitioner however states that it was necessary for the Estate Officer to have decided the issue about the maintainability of the proceedings in the absence of a notice under Section 164 of the Maharashtra Co-operative Societies Act. wp4228.11.odt 2/2 The learned counsel for the respondents states that the notice under Section 164 of the Maharashtra Co-operative Societies Act is not necessary and it has been held so by this Court in the judgments reported in 2005 (1) Mh.L.J. Page 24 and 1985 LawSuit (Bom) page 219. Be that as it may, it is clear that the issue about the tenability of the proceedings in the absence of notice under Section 164 of the Maharashtra Co- operative Societies Act has not been dealt with by the Estate Officer while passing the impugned order dated 30/04/2011 and the issue needs to be answered after considering the facts and circumstances existing in the present case. The learned counsel for the petitioner states that the grievance of the petitioner would stand redressed even if the issue about the tenability of the proceedings in the absence of notice under Section 164 of the Maharashtra Co-operative Societies Act would be decided while deciding the other issues which would arise for consideration in the proceedings filed by the respondents. Hence, the writ petition is disposed of with a direction to the Estate Officer to decide the question of the effect of absence of notice under Section 164 of the Maharashtra Co-operative Societies Act on the proceedings initiated by the respondents when the other issues are decided. No order as to costs. JUDGE KHUNTE