Case Note & Summary
The petitioner, Dharangaon Taluka Dekhrekh Sahakari Sangh Limited, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, and a supervising unit for the cadre of Secretaries constituted under Section 69-A of the Act, filed a writ petition challenging a communication dated 07/12/2009 issued by the Commissioner for Co-operation and the Registrar, Co-operative Societies, Pune, addressed to the District Deputy Registrar, Co-operative Societies, Jalgaon, regarding the implementation of the Vaidyanathan Committee Report. The petitioner contended that the communication was illegal and without authority. The court heard the learned counsel for the petitioner, Shri V.D. Hon, and the learned Assistant Government Pleader, Shri S.K. Kadam, for the respondents. After considering the submissions, the court found that the communication did not violate any legal right of the petitioner and dismissed the petition. The judgment was delivered by a division bench of Justices P.V. Hardas and S.V. Gangapurwala, with the oral judgment authored by Justice S.V. Gangapurwala. The court did not elaborate on the specific contents of the Vaidyanathan Committee Report or the details of the communication, but concluded that the challenge was without merit.
Headnote
A) Co-operative Law - Vaidyanathan Committee Report - Implementation - Communication dated 07/12/2009 - The petitioner, a supervising unit under Section 69-A of the Maharashtra Co-operative Societies Act, 1960, challenged the communication directing implementation of the Vaidyanathan Committee Report. The court held that the communication does not violate any legal right of the petitioner and dismissed the petition. (Paras 1-4)
Issue of Consideration
Whether the communication dated 07/12/2009 regarding implementation of Vaidyanathan Committee Report is illegal and violative of the provisions of the Maharashtra Co-operative Societies Act, 1960.
Final Decision
The petition is dismissed.
Law Points
- Implementation of Vaidyanathan Committee Report
- No legal right to challenge administrative communication
- Co-operative societies' cadre restructuring
Case Details
2010 LawText (BOM) (04) 15
Writ Petition No. 1453 of 2010
P.V. Hardas, S.V. Gangapurwala
V.D. Hon for Petitioner, S.K. Kadam, A.G.P. for Respondent Nos. 1 to 4
Dharangaon Taluka Dekhrekh Sahakari Sangh Limited, Dharangaon, Through its Chairman Gokulsingh S/o Pralhad Patil
The State of Maharashtra, The Commissioner for Co-operation and the Registrar, Co-operative Societies, The District Deputy Registrar, Co-operative Societies, Jalgaon, The Assistant Registrar, Co-operative Societies Dharangaon
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Nature of Litigation
Writ petition challenging a communication regarding implementation of Vaidyanathan Committee Report.
Remedy Sought
Petitioner sought to quash the communication dated 07/12/2009 issued by the Commissioner for Co-operation and the Registrar, Co-operative Societies, Pune.
Filing Reason
Petitioner claimed the communication was illegal and without authority.
Issues
Whether the communication dated 07/12/2009 regarding implementation of Vaidyanathan Committee Report is illegal and violative of the provisions of the Maharashtra Co-operative Societies Act, 1960.
Submissions/Arguments
Petitioner argued that the communication was illegal and without authority.
Respondents argued that the communication did not violate any legal right of the petitioner.
Ratio Decidendi
The communication dated 07/12/2009 regarding implementation of Vaidyanathan Committee Report does not violate any legal right of the petitioner, hence the petition is dismissed.
Judgment Excerpts
The petitioner in present Writ Petition, impugns communication dated 07/12/2009 issued by the Commissioner for Co-operation and the Registrar, Co-operative Societies, M.S., Pune addressed to District Deputy Registrar, Co-operative Societies, regarding implementing Vaidyanathan Committee Report.
Procedural History
The petitioner filed Writ Petition No. 1453 of 2010 before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the communication dated 07/12/2009. The court heard the matter and reserved judgment on 13th April 2010, pronouncing it on 26th April 2010.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 69-A
