1 wp8602.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8602 OF 2010 [Shardabai Parmeshwar Deshmukh & Ors. vs. State of Maharashtra & Ors. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Abhijit G. Choudhari, Advocate for petitioners. Mr. D.V. Tele, AGP for Resp. Nos.1 to 3. Mr. B.B. Bhise, Advocate for Resp.No. 4. CORAM : S.S. SHINDE, J. DATE : 16TH AUGUST, 2011 PER COURT : This writ petition is filed challenging the order dated 15-06-2010 passed by the Minister of State for Co-operation, Marketing and Textiles, Mantralaya, Mumbai-32 in Revision Application No.370 of 2010. 2. Learned Counsel appearing for the petitioner submits that, the caveat was 2 wp8602.10 filed and in spite of filing caveat, the Revisional Authority even without issuing notice to the petitioner, has passed the impugned order thereby stayed operation, implementation and execution of the order dated 25-05-2010 passed by the Divisional Joint Registrar, Co-operative Societies, Latur. 3. It is not necessary to advert to the facts of the case. Suffice it to say that the Revisional Authority while exercising the revisional powers should have issued notice to the respondents and moreso, when the caveat was filed by the respondent therein i.e. petitioners herein. 4. Learned A.G.P. for Revisional Authority and learned Counsel appearing for contesting respondent No. 4 are not able to point out to this Court that, before passing order impugned in this petition by 3 wp8602.10 the Revisional Authority i.e. the Minister of State for Co-operation, Marketing and Textiles, Mantralaya, Mumbai-32, notice was issued to the petitioners or note of filing caveat by the petitioners was taken and after hearing them, such order was passed. 5. It is not in dispute that the petitioners are elected members of respondent No. 4 society. No such order impugned in this petition can be passed without hearing the elected members, i.e. petitioners and that too, when the caveat was filed by them in the Revision proceedings. 6. In that view of the matter, the impugned order dated 15-06-2010 passed by the Minister of State for Co-operation, Marketing and Textiles, Mantralaya, Mumbai-32 in Revision Application No.370 of 2010 is quashed and set aside. However, it 4 wp8602.10 is made clear that the Revisional Authority after giving notice and sufficient opportunity to the petitioners and contesting respondents and after hearing them can pass appropriate orders. . Writ Petition is allowed to above extent and same stands disposed of. . Hearing of Revision No. 370 of 2010 pending before the Minister of State for Co-operation, Marketing and Textiles, Mantralaya, Mumbai-32 is expedited. [S.S. SHINDE, J.] sut/AUG11