Dismissed

Bahireshwar Sahdudh Vyavasaik Sanstha Maryadit Thr Its Chief Promoter v. the State of Maharashtra Thr Honorable Minister Animal Husbandry Dairy Development Sports and Ors.

Bombay HC30 Nov 2023WP/3525/2022

Case brief

AI extract

What is this about?

The High Court held that setting aside an order without remanding proceedings for a fresh hearing was erroneous. The petition was disposed of by restoring the appeal to the Divisional Joint Registrar for a merits-based decision after a proper hearing.

What did the court decide?

The order dated 31 January 2022 passed by the Minister was modified to restore the appeal to the Divisional Joint Registrar for a fresh hearing on merits.

Bahireshwar Sahdudh Vyavasaik Sanstha Maryadit Thr Its… — Cooperative Societies | Bombay HC (2023)

¶1

Neeta Sawant 1/2 13-WP-3525-2022.doc 30 November 2023.

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3525 OF 2022

¶3

Bahireshwar Sahdudh Vyavasaik

¶4

Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2023.12.01 10:56:26 +0530

¶5

Sanstha Maryadit, thr. Its Chief

¶6

Promoter …Petitioner

¶7

V/s.

¶8

The State of Maharashtra, thr. Honourable Minister, Animal Husbandry Dairy Development Sports and Ors. ….Respondents

¶9

Mr. Surel Shah i/by. Mr. Ajit Savagave, for the Petitioner.

¶10

Mr. C.D. Mali, AGP for State.

¶11

Mr. Chetan Patil for Respondent No.5.

¶12

CORAM : SANDEEP V. MARNE, J. Dated : 30 November 2023.

¶13

P.C. :

¶14

By this petition, Petitioner-proposed Society has challenged the order dated 31 January 2022 passed by the Minister, Dairy Development setting aside the order dated 24 November 2020 passed by the Divisional Joint Registrar, Co-operative Societies (Milk). The only reason recorded by the Minister for setting aside the Order passed

¶15

Neeta Sawant 2/2 13-WP-3525-2022.doc 30 November 2023.

¶16

by the Divisional Joint Registrar is failure to issue notice to Respondent No.5 who had infact objected to registration of Petitioner-Society before the District Deputy Registrar (Milk). However, while holding that Respondent No.5 was required to be heard by the Divisional Joint Registrar before passing Order dated 24 November 2020, the Minister has proceeded to set aside the Order dated 24 November 2020 without remanding the proceedings for fresh hearing before the Divisional Joint Registrar. This appears to be clearly erroneous.

¶17

Accordingly, the Order passed by the Minister on 31 January 2022 is modified by directing that consequent to setting aside the order dated 24 November 2020 passed by the Divisional Joint Registrar, the Appeal filed by the Petitioner-Society shall stand restored on the file of the Divisional Joint Registrar who shall proceed to decide the same on its own merits after grant of opportunity of hearing to Respondent No.5. With the above directions, the Writ Petition is disposed of .

¶18

Parties shall appear before the Divisional Joint Registrar on 15 December 2023 and obtain further directions.

¶19

SANDEEP V. MARNE, J.

Bahireshwar Sahdudh Vyavasaik Sanstha Maryadit Thr Its Chief Promoter v. the State of Maharashtra Thr Honorable Minister Animal Husbandry Dairy Development Sports and Ors.

Case brief

What is this about?

What did the court decide?

Bahireshwar Sahdudh Vyavasaik Sanstha Maryadit Thr Its Chief Promoter v. the State of Maharashtra Thr Honorable Minister Animal Husbandry Dairy Development Sports 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

Case details

Similar cases

Smt. Sakuntala Gurusharan Barai and Anr. Vs the Municipal Corporation of Greater Mumbai and Ors.

Smt. Sakuntala Gurusharan Barai and Anr. Vs the Municipal Corporation of Greater Mumbai and Ors.

Shri. Omkar Karbhari Aaher Vs Shri. Ashokkumar Mohanlal Shah and Ors.

Deven Shashikant Kotak vs Pluto Sra Co-Op Housing Society Ltd. and 13 Ors.

Hakikullah Hafizullah Khan and Others Vs Mrs. Uma Harish Gambhir and Others

Hakikullah Hafizullah Khan and Others Vs Mrs. Uma Harish Gambhir and Others