: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4043 OF 2009 Shri Ganesh Co-op. Housing Society ltd. ... Petitioner V/s. The State of Maharashtra & Ors. ... Respondents Mr.A.Y. Sakhare i/b Siddeshwar Kalel for Petitioner Mr.R.M. Patne, AGP, for Respondent No.1 Mr.Shekhar Naphade i/b A.S. Desai for Resp. No.3 Mr.V.R. Gaikwad i/b A.M. Kulkarni for Respondent No.4 CORAM: SMT.NISHITA MHATRE, J. DATED: 25th JUNE, 2009 P. C.: 1. The Petitioner is aggrieved by the order passed by the Minister of State for Cooperation, Marketing and Textiles on 24.2.2009 allowing the appeal filed by the respondent Society and setting aside the order passed on 31.1.2009 u/s 21A of the Maharashtra Cooperative Societies Act. The learned Counsel for the Petitioners points out that besides other objections of the society raised in the petition, the main contention is that the Minister of State for Cooperation, Marketing and Textiles who has passed the impugned order had no jurisdiction to do so. He points out the two orders passed under Article 166 wherein the jurisdiction under the Maharashtra Cooperative Societies Act to hear revisions and appeals is vested with a Cabinet Minister and not a Minister of State. : 2 : 2. The learned Counsel for the society concedes that the position when the impugned order was passed the Minister of Statte had no jurisdiction to pass the order and instead the appeal ought to have been heard by the Cabinet Minister. 3. In these circumtances, the impugned order is set aside. The appeal filed by the society shall be heard by the Cabinet Minister for Cooperation, Marketing and Textiles. The parties shall appear before the Minister on 2.7.2009 at 3 pm. The appeal shall be heard and disposed of afresh within eight weeks from that date. Till the appeal is heard the parties shall maintain status quo as of today. All contentions of the parties are kept open. 4. The Petitioner society shall not carry out any construction on the plot No.8, Sector 28, Navi Mumbai. Without prejudice to the rights of the parties, the respondent society shall continue to collect and pay the maintainance and operate the bank account for that purpose. 5. Petition is disposed of accordingly