Disposed

Khatavkar Vishwanathrao Durgojirao v. Secretary to the Government-State of Maharashtra and Ors.

Bombay HC3 Mar 2006CAW/614/2006

Case brief

AI extract

What is this about?

The High Court of Bombay dismissed the writ petition, holding that directing rule-making for recovery certificates under Section 101 of the Maharashtra Cooperative Societies Act is a legislative function not open to judicial direction. The court observed that the petitioner has a remedy by way of revision, thus disposing of the petition along with a connected application without delving further in

What the court decided

AI extract

Khatavkar Vishwanathrao Durgojirao Vs Secretary to the… — Cooperative Societies | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO. 9085 OF 2005
 ALONG WITH
 CIVIL APPLICATION NO. 614 OF 2006

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 Shri. Khatavkar Vishwanathrao
 Durgojirao .. Petitioner

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 Versus

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 The State of Mah. and Ors. Respondents

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 Ms. S.D. Kenjale i/by N.V. Vechalekar for
 Petitioner.

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CORAM : F.I. REBELLO &
DR.D.Y.CHANDRACHUD,JJ.
DATED : MARCH 03, 2006
 P.C.

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 . The perusal of the reliefs would show that the
 prayer Clause (a) is to direct respondent to frame
 rules in accordance with the principles of natural
 justice, equity and good conscience and fair play
 for conducting proceedings for issuance of recovery
 certificate under Section 101 of the Maharashtra
 Cooperative Societies Act. That is solely a
 legislative act and will not be open for this court
 to issue any such direction. In so far as Prayer

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 Clause (b) is concerned, the validity of section
 101 has been upheld by the Division Bench of this

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 court. In so far as Prayer Clause (c) is
 concerned, the Petitioner can always file revision
 but after satisfying the requirements of section
 154. Considering that, the Petitioner has remedy
 by way of revision, the question of considering
 Prayer Clause (b) and (c) would not arise. With
 the above observations, petition along with Civil

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 Application disposed of.

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(F.I. REBELLO,J.)

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(DR. D.Y. CHANDRACHUD,J.)

Khatavkar Vishwanathrao Durgojirao v. Secretary to the Government-State of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

Khatavkar Vishwanathrao Durgojirao v. Secretary to the Government-State of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

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