Allowed

Shri. Sanjay Annaso Gotkhinde and Ors. v. Union of India, Ministry of Finance and Ors.

Bombay HC29 Apr 2014WP/1112/2013

Case brief

AI extract

What is this about?

The High Court acknowledged that the prayer question regarding the District Deputy Registrar's jurisdiction is moot without the impugned order being revoked. It ordered the Registrar to implement the District Collector's earlier direction to hold an inquiry within three months, ensuring the third respondent is heard.

What did the court decide?

District Deputy Registrar to implement the District Collector's order dated 21st May 2012 within three months by conducting an inquiry and taking appropriate action.

Shri. Sanjay Annaso Gotkhinde and Ors. Vs Union of… — Writ and Judicial Review | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1112 OF 2013

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Shri Sanjay Annaso Gotkhinde & Ors. .. Petitioners Vs Union of India and Others. .. Respondents

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Shri Vijay Killedar for the Petitioners. Shri Vinod Joshi for Respondent No.1. Shri S.P. Bharti for Respondent No.2.

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Shri Tejpal S. Ingale for Respondent No.3 the Kolhapur District Central Cooperative Bank Limited.

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Shri S.N. Patil, AGP for Respondent Nos.4 and 5.

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Shri Tushar Pimple i/by Shri P.D. Dalvi for Respondent No.6.

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CORAM : A.S. OKA & A.A. SAYED, JJ DATED : 29TH APRIL 2014

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P.C.

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. Only the prayer clause (b) survives for consideration. The learned AGP has no instructions. The submission of the learned counsel representing the Kolhapur District Central Cooperative Bank Limited is that the District Deputy Registrar of the Cooperative Societies, Kolhapur has no jurisdiction to hold an inquiry.

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In the communication dated 21^st May 2012, on the basis of which the prayer clause (b) is made, a direction was issued by the District Collector of Kolhapur to the District Deputy Registrar of the Co operative Societies, Kolhapur to make a fact finding inquiry and on the

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basis of the fact finding inquiry, to give a reply to the Petitioners. The District Deputy Registrar has been directed to submit a report to the office of the District Collector, Kolhapur.

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There is nothing on record to show that the order of the District Collector has been revoked. At this stage, it is not necessary to go into the question of the authority of the District Deputy Registrar to hold a fact finding inquiry. If at all such fact finding inquiry is held and any action is sought to be taken on the basis thereof, the aggrieved party can always challenge the legality of the fact finding inquiry. We dispose of the Petition by passing the following order.

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ORDER :

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(a) The District Deputy Registrar of the Cooperative Societies, Kolhapur, shall implement the order dated 21^st May 2012 passed by the District Collector, Kolhapur within a period of three months from today;

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(b) An appropriate action on the basis of the report of the District Deputy Registrar shall be taken in terms of the communication dated 21^st May 2012;

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(c ) All contentions of the parties are kept open;

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(d) It is obvious that the District Deputy Registrar, Kolhapur while holding an inquiry will give an opportunity of being heard to all the concerned including the third Respondent Kolhapur District Central Cooperative Bank Limited.

Shri. Sanjay Annaso Gotkhinde and Ors. v. Union of India, Ministry of Finance and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Sanjay Annaso Gotkhinde and Ors. v. Union of India, Ministry of Finance and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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