R.C.Kotiankar and Ors. v. State of Maharashtra and Ors.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 100 OF 2006
R. C. Kotiankar & Ors. ... ... Petitioners.
Versus
The State of Maharashtra & Ors....... Respondents.
Mr. V. G. Rege for the Petitioners.
Ms.Jyoti S.Pawar for Respondent Nos.6,7 & 11.
Mr. P.M.Patil, AGP for Respondent Nos.1 to 4 & 9.
CORAM : SWATANTER KUMAR, C.J. &
SMT.RANJANA DESAI, J.
DATED : 11TH JULY, 2007.
P.C.:
Learned Counsel appearing for the Deputy
Registrar (Vasai) states that the proceedings before
the Deputy Registrar (Vasai), Maharashtra Co-operative
Societies on the basis of the complaint made have
already been concluded. The petitioners, despite
notice, have not appeared before the authority on
three different dates. He further states that nothing
incriminating has been found against the office
bearers of the Society in question. Learned Counsel
appearing for the petitioners states that the
petitioners received no intimation to appear before
the said authority and put forward their point of view
in support of the complaint made by them.
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2. Learned Counsel appearing for the Society submits
that some of the petitioners have filed suits and they
have no locus standi as they are no longer members of
the Society.
3. In view of the circumstances aforenoted, learned
Counsel appearing for the respondent authority further
submits that without prejudice to their rights they
would grant further hearing to the petitioners and
pass appropriate orders.
4. We find that the stand taken by the respondents is
fair and reasonable and dispose of this petition with
a direction that the petitioners would appear before
the Deputy Registrar (Vasai), Maharashtra Co-operative
Societies on 6th August, 2007 at 11.00 a.m. After
hearing the petitioners, the authority will pass
appropriate order. In the event, the petitioners do
not appear before the authority and submit the
documents, if any, the opportunity of hearing granted
to the petitioners shall be deemed to have been
withdrawn.
Sd/-
CHIEF JUSTICE
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Sd/-
SMT.RANJANA DESAI, J.
R. C. Kotiankar & Ors.
The State of Maharashtra & Ors.
Swatanter Kumar
Ranjana Desai
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court