1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7059 OF 2010 1. Dr. Daulatrao Bhimrao Gadhe, Age 76 years, Occ. Agriculture, R/o At Post Warud (Kd.), Tal. Jafrabad, District Jalna. 2. Sau. Vijaya Manikchand Tapadiya, Age 55 years, Occ. Household, R/o Sadhna Apartment, Raja Bazar, Aurangabad. ... PETITIONERS VERSUS 1. The State of Maharashtra, through its Secretary for Department of Cooperation and Textile, Mantralaya, Mumbai - 400 032. 2. The Hon'ble Minister for Cooperation and Textile, Mantralaya, Mumbai - 400 032. 3. The Commissioner for Cooperation and Registrar of Cooperative Societies, Maharashtra State, Pune. (Copies of respondents No.1 to 3 to be served on Government Pleader, High Court, Bench at Aurangabad) 4. Dr. Patangrao Kadam, Hon'ble Minister for Forest, Maharashtra State, Mantralaya, Mumbai 400 032 5. The Mahrashtra Rajya Sahakari Sangh Limited, 5, B.J. Road, Pune 411 001 through its Chief Executive Officer. ... RESPONDENTS ..... Shri Dilip Bankar Patil, Advocate holding for Shri P.B. Salunke, Advocate for the petitioners Mrs. A.V. Gondhalekar, A.G.P. for respondent Nos.1 to 3 Shri P.K. Joshi, Advocate for respondent No.5. ..... 2 CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 16th August, 2010 ORAL JUDGMENT (PER P.V. 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. By this petition under Article 226 of the Constitution of India, the petitioners pray for quashing and setting aside the notice issued to the petitioners under Section 78 of the Maharashtra Cooperative Societies Act, 1960. The petitioners also pray that in the event an adverse order is passed pursuant thereto, the same should not be given effect to for a period of 15 days from the date of its receipt, so as to enable the petitioners to avail the alternate remedy available to the petitioners in law. 3. It appears that, according to the respondents, a show- cause-notice came to be issued to the petitioners and the stage of the enquiry is fixed for hearing tomorrow i.e. 17th August 2010. Mr. Dilip Bankar Patil, learned counsel for the petitioners states that the petitioners would appear before the authority tomorrow i.e. on 17th August 2010 and obtain copy of notice and thereafter file their reply to the said show-cause-notice. Since the petitioners have adequate 3 remedy available in law i.e. of rebutting whatever allegations have been made against them, we are not inclined to interfere at this stage in respect of quashing of the said show-cause-notice. We have accordingly not examined any grounds of challenge to the said show- cause-notice and consequently, all the aforesaid points are open to be decided by the competent authorities. 4. However, we allow this petition in so far as it relates to the prayer of not giving effect to the order passed by the authorities pursuant to the show-cause-notice, if adverse to the petitioners. 5. We accordingly allow this petition and direct that, in the event an adverse order is passed against the petitioners pursuant to the show-cause-notice, the same shall not be given effect to for a period of 15 days from the date of its receipt by the petitioners to enable the petitioners to avail an alternate remedy available to the petitioners in law of challenging the same. 6. Rule is thus made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)