Disposed

Anees Ahmed Kamal Ahmed v. Regional Dy. Commissioner of Textiles and Anr.

Bombay HC12 Mar 2024WP/1559/2024

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What is this about?

The Court disposed of the writ petition by directing the Regional Deputy Commissioner of Textiles to pass appropriate orders on the merits of the petitioner's application dated 13 February 2023 within three months.

What did the court decide?

Directing the Regional Deputy Commissioner of Textiles to pass appropriate orders on the application dated 13 February 2023 within three months.

Anees Ahmed Kamal Ahmed Vs Regional Dy. Commissioner of… — Cooperative Societies | Bombay HC (2024)

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903-wp1559-2024.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1559 OF 2024

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ATULGANESHKULKARNI Digitallysigned byATULGANESHKULKARNIDate:2024.03.1216:15:28+0530

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Anees Ahmed Kamal Ahmed… Petitioner
V/s.
Regional Deputy Commissioner
of Textiles & Ors.… Respondents

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Mr. N.R. Bubna i/by Ms. Pooja Malik for the petitioner.
Mr. P.G. Sawant, AGP for respondent Nos.1 & 2/State.
Mr. Mahendra N. Sandhyanshiv for respondent No.3.

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CORAM:AMIT BORKAR, J.

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DATED:MARCH 12, 2024

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P.C.:

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1.On perusal of the impugned order, it appears that in
furtherance of the order passed by this Court, the Registrar was
directed to adjudicate on the application dated 13 February 2023.
However, by the impugned order, the Regional Deputy
Commissioner of Textiles has equated such representation with the
requirement under Rule 11 of the Maharashtra Cooperative
Societies (Election to Committee) Rules, 2014.

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2.If the inquiry as sought by the petitioner was not within the
power of the Regional Deputy Commissioner, the Regional Deputy
Commissioner ought to have transferred such inquiry to the
appropriate officer having power. If the inquiry as sought by the

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903-wp1559-2024.doc

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petitioner is within the purview of dispute under Section 91 of the
Maharashtra Cooperative Societies Act, 1960 (“the said Act” for
short), it will be open for the Regional Deputy Commissioner to
relegate the petitioner to the dispute under Section 91 of the said
Act. However, for the said purpose he will have to ascertain the
averments and prayers in the representation dated 13 February
2023.

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3. The writ petition, therefore, stands disposed of by directing the Regional Deputy Commissioner of Textile to pass appropriate orders on merits on the application dated 13 February 2023.

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4. Such order shall be passed within three months from today.

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5. No costs.

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(AMIT BORKAR, J.)

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Anees Ahmed Kamal Ahmed v. Regional Dy. Commissioner of Textiles and Anr.

Case brief

What is this about?

What did the court decide?

Anees Ahmed Kamal Ahmed v. Regional Dy. Commissioner of Textiles and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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