Disposed

Proposed Vishwasrao Narayan Patil S.D.v.S.Mydt. v. Hanuman Sahakari Doodh v.S.Maryadeet and Ors.

Bombay HC17 Feb 2005WP/1211/2004

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition regarding a stay order on a society's milk collection permission by setting aside the stay order and directing the lower authority to dispose of the pending revision within three months.

What did the court decide?

Order dated 14.1.2004 set aside; respondent directed to dispose revision within three months; stay of any adverse order for 15 days.

Proposed Vishwasrao Narayan Patil… — Pension and Retirement Benefits | Bombay HC (2005)

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IN THE HIGH COURT OF JUDIATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1211 OF 2004

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 Proposed Vishwasrao Narayan
 Patil Sahakari Doodh
 Vyavasaik Sanstha Maryadeet .. Petitioners.
 Vs.

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 Hanuman Sahakari Doodh Vyavasaik
 Sanstha Maryadeet & Ors. .. Respondents.

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 Mr.P.D.Dalvi for the petitioners.
 Mr.G.N.Salunke for respondent no.1.

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CORAM : D.B.BHOSALE, J.

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DATED : 17TH FEBRUARY, 2005

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 P.C.:

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 . Heard Mr.Dalvi, learned counsel for the
 petitioners and Mr.Salunke, learned counsel for
 respondent no.1.

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 2. Rule, returnable forthwith.

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 3. Mr.Salunke, learned counsel waives service

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 for respondent no.1. By consent of the parties
 taken up for final hearing.

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 4. The petitioners’ proposal for new Dairy

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 Society at village Mahe was initially rejected by
 respondent no.3 on 30.6.2003. That order was

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 carried in appeal by the petitioners before
 respondent no.4. The appeal was allowed by order
 dated 18.11.2003 and the petitioner-society was
 granted permission to collect milk and to open a
 bank account. That order was carried further by
 respondent no.1 in revision before respondent no.5.
 Though the petitioners had filed caveat they were
 not given notice by respondent no.1. Respondent
 No.5 granted order of stay in the revision filed by
 responent no.1 vide order dated 14th January, 2004.
 The revision is still pending for disposal before
 respondent no.5. The order dated 14.1.2004 is
 impugned in the present writ petition. This Court
 on 29.1.2004 while issuing notice to the respondents
 stayed the operation of the order dated 14.1.2004
 passed by respondent no.5. By virtue of that order
 the petitioner-society continued to collect milk
 from its members. Keeping that in view, in my
 opinion, instead of going into merits of the case an
 appropriate course would be to set aside order dated
 14.1.2004 and direct respondent no.5 to dispose of
 the revision within time frame. Hence the following
 order:

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 (a) The order dated 14.1.2004 passed by
 respondent no.5 is set aside. Respondent No.5 shall

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 endeavour to dispose of revision application filed
 by respondent no.1 as expeditiously as possible and
 preferrably within a period of three months from the
 date of receipt of this order.

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 (b) If the order passed by Respondent No.5 in
 the revision is adverse to the petitioners, it shall
 remain stayed for a period of 15 days from the date
 of its communication to the petitioners.

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 (c) The petitioners shall produce a copy of this
 order before respondent no.5 within two week from
 today.

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 (d) Rule is, accordingly, disposed of.

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 . The writ petition is disposed of.

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(D.B.Bhosale, J.)

Proposed Vishwasrao Narayan Patil S.D.v.S.Mydt. v. Hanuman Sahakari Doodh v.S.Maryadeet and Ors.

Case brief

What is this about?

What did the court decide?

Proposed Vishwasrao Narayan Patil S.D.v.S.Mydt. v. Hanuman Sahakari Doodh v.S.Maryadeet and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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