Dismissed

Vinayak S/O Pralhad Tikar and 2 Others v. State of Maharashtra, through Secretary Social Welfare Department, Mumbai and Anothers

Bombay HC22 Sept 2014WP/1057/2014

Case brief

AI extract

What is this about?

The petitioners approached the High Court seeking a direction to the State Social Welfare Department to enquire into alleged misappropriation of funds by the respondent Cooperative Society. The Court held that such disputes and enquiries regarding society funds fall under the domain of the Maharashtra Cooperative Societies Act and the Registrar, dismissing the petition as erroneous.

What did the court decide?

The writ petition is dismissed with no order as to costs. Points raised are kept open.

Vinayak S/O Pralhad Tikar and 2 Others Vs State of… — Property and Title | Bombay HC (2014)

Order

2209wp1057.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION No. 1057/2014.

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Vinayak Pralhad Tikar and others.

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VERSUS

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State of Maharashtra and others.

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_____________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Shri A.V. Bhide, Advocate for the Petitioners.

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Ms. T. Khan, A.G.P. for respondent nos.1 to 5, 6 & 8. Shri S.V.; Sirpurkar, Advocate for respondent nos.6&7.

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CORAM : SMT. VASANTI A. NAIK & P.R. BORA, JJ.

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DATED : SEPTEMBER 22, 2014 .

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Heard.

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By this petition, the petitioners seek a

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direction to the State of Maharashtra, through the department of Social Welfare, the Commissioner of Social Welfare, the Assistant Commissioner of Social

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Welfare, the District Registrar of Cooperative Societies and the Collector, Buldhana to make a detailed enquiry

Order

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about the amounts spent by the respondent nos. 6 and

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A further direction is sought to the Collector, Buldhana to inspect the project building and other buildings of respondent no.6 Cooperative Society of which the petitioners claim to be the Ex-Directors and submit a detailed report about the same.

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According to the petitioners, the respondent no.7 has mis-appropriated the funds of the society and has caused loss to the society. According to the petitioners, one of the petitioners had to resign from the post of Director of the Society in view of the illegal acts of the respondent no.7.

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If the funds of the respondent no.6 Society are not applied by the respondent no.7 properly or if the respondent no.7 has allegedly misappropriated the funds of the respondent no.6 society, it would be for the petitioners to move the District Deputy Registrar, Cooperative Societies for making an enquiry. Instead of moving the authorities under the Cooperative Societies Act, 1960 the petitioners have filed the instant petition seeking directions to the State of

Order

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Maharashtra, Social Welfare Department, the Commissioner and Assistant Commissioner of Social Welfare Department to take action against the respondent no.7. It would be for the authorities under the Maharashtra Cooperative Societies Act, especially the Registrar to take appropriate action, if necessary, under Section 78 of the 1960 Act.

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In view of the specific provision of the Maharashtra Cooperative Societies Act, 1960 it would

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not be proper for this Court to entertain the writ petition and direct the State of Maharashtra or the Commissioner or the Assistant / Additional Commissioner to make an enquiry against the respondent no.7.

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In view of the aforesaid, the writ petition is dismissed with no order as to costs.

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The points raised in the petition are kept

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open.

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JUDGE JUDGE Rgd

Vinayak S/O Pralhad Tikar and 2 Others v. State of Maharashtra, through Secretary Social Welfare Department, Mumbai and Anothers

Case brief

What is this about?

What did the court decide?

Vinayak S/O Pralhad Tikar and 2 Others v. State of Maharashtra, through Secretary Social Welfare Department, Mumbai and Anothers

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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