1 lpa63-11 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 63 OF 2011 IN WRIT PETITION NO. 2050 OF 2011 Prakash Vasant Kuray. ... Appellant. V/s. The Collector, Mumbai Suburban District & Ors. ... Respondents. Mr. N.V. Walawalkar, Sr. Adv., i/by S.M. Sabrad for the appellant. Ms. P.S. Cardozo, AGP., for respondent noS. 1, 3 to 5. Mr. D.D. Madan, Sr. Adv., with S. Jain i/by Kanga & Co. for respondent no. 2. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATE : 1st APRIL, 2011 2 lpa63-11 P.C. By way of this Letters Patent Appeal the appellant has challenged the order of the learned Single Judge dated March 14, 2011 passed in Writ Petition No. 2050 of 2011. The appellant herein filed Writ Petition No. 2050 of 2011 before the learned Single Judge. The learned Single Judge has admitted the matter and made the rule returnable on 3.5.2011. Regarding the question of interim relief, the learned Single Judge observed that “By order dated 22/12/2003 the Collector regularised the alienation by the petitioner in favour of respondent no. 2 on the condition of deposit of 50% of unearned income by the petitioner and respondent no. 2”. It is also observed by the learned Single Judge that as per the said order, after payment of said 50% of unearned income, the respondent no. 2 will be enrolled as joint member and his membership will be regularised. The respondent no. 2 in pursuance of the said order has deposited Rs. 3,63,120/- towards the penalty. The Collector has thereafter approved respondent no. 2’s joint membership along with the petitioner. 2. The order of the Collector was confirmed in appeal by the Additional Commissioner and by Minister in revision. The said order of the Collector approved by the appellate authority and by the revisional authority regarding enrolling of respondent no. 2 as joint member is under challenge in the original writ petition. The learned Single Judge found that the main order dated 22.12.2003 is not challenged and the present appellant has not taken any objection to the same and hence this is not a fit case in which interim relief is required to be granted. As pointed out earlier, this appeal is filed against the 3 lpa63-11 interim order of the learned Single Judge as the learned Single Judge by cogent reasons has declined the interim relief. The main writ petition is already fixed on 3.5.2011. 3. Mr. Walawalkar, the learned counsel for the appellant submitted that the Collector could not have passed the order of joint membership since it is only the Joint Registrar of Co-operative Societies who has that power and jurisdiction. However, it is not in dispute that the appellant himself has not challenged the main order of 2003. 4. Mr. Walawalkar, the learned counsel for the appellant also submitted that the respondent no. 2 could have only granted a nominal membership and not a joint membership to respondent no. 2 and, therefore, he has limited right in the affairs of the society. This point is kept open for decision at the final hearing of the main matter. Since the matter is fixed for final hearing on 3.5.2011, we would not like to interfere with the order of the learned Single Judge refusing grant of interim relief since the petition is already admitted and fixed for final hearing on 3.5.2011 The Registry to place this matter before the concerned Judge high on Board since the learned Single Judge has already made the rule returnable. It is hoped that the learned Single Judge may decide the matter at the earliest and preferably before 1st July, 2011. 5. The observations made in this order are tentative in nature and it is for the concerned Judge to decide the matter on his own without being 4 lpa63-11 influenced by them. It is clarified that if any further actions are taken on the basis of the order of the Collector, the same shall be subject to the final decision of the writ petition. 6. In view of what is stated above, the Letter Patents Appeal stands disposed of. 7. In view of the disposal of the Letters Patent Appeal, Civil Application No. 84 of 2011 also stands disposed of. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.)