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2026 DAILYLAW 5755 (BOM)

BABARAO GYANBA MAHALLE v. MINISTRY OF COOPERATION MARKETING MAHARASHTRA, AND OTHERS.

WP/683/2026 · 2026-09-01

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Judgment text

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(1) 105.cri.wp.863.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.683 OF 2026 Babarao Gyanba Mahalle Vs. Ministry of Co-operation Marketing Maharashtra, State Government Mantralaya Mumbai and others -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. A. M. Raut, Advocate for petitioner. Ms. Shamsi Haider, APP for State. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 01/09/2026 1. Heard Ms. Anjana Raut, learned counsel for the petitioner and Ms. Shamsi Haider, learned APP for respondent Nos.1 to 5. 2. Considering the directions which the petitioner has sought, we are not required to issue notice to the remaining respondent Nos.6 to 9. 3. Ms. Anjana Raut, learned counsel for the petitioner has invited our attention to the detailed inquiry report dated 3rd of June 2024 submitted by the District Deputy Registrar Co-operative Societies, Washim, which is on record at page No.74. The District Deputy Registrar Co-operative Societies after conducting inquiry into the complaint dated 10.10.2023 submitted by the petitioner, has given a positive finding that there appears to be financial irregularities committed by the 2026:BHC-NAG:11569-DB (2) 105.cri.wp.863.2026 aforesaid respondent Nos.6 to 9. On the basis of said inquiry report, the petitioner had approached the respondent No.1 by submitting a representation on 01.08.2025 for initiating criminal action against the aforesaid crime. The aforesaid representation dated 01.08.2025 is on record at page No.47 (Annexure-D). The respondents, more specifically the respondent No.1, have not acted upon the aforesaid representation even after the passage of more than one year , and hence, the petitioner has approached this Court. 4. An innocuous prayer is made by the petitioner seeking direction to the respondent No.1 to decide the representation dated 01.08.2025. In view of the statement made by the learned APP that the respondent No.1 shall decide the aforesaid representation within a period of one week from the date of production of order before the respondent no.1, we dispose of the present writ petition as per following order: (i) The respondent No.1 shall decide the aforesaid representation dated 01.08.2025 which is on record at page No.47 (Annexure -D) within a stipulated period of one week from the date of production of the order of this Court. (ii) The respondent No.1 shall consider the various inquiry reports and more specifically the inquiry report dated 03rd of June 2024 submitted by the District Deputy Registrar Co-operative Society, Washim while deciding such representation. The decision taken thereupon shall be communicated to the petitioner within a period of two weeks from the date of such decision. (3) 105.cri.wp.863.2026 (iii) The petitioner undertakes to produce the copy of the order passed by this Court before the respondent No.1 within a period of two weeks from today. 5. Writ petition is, accordingly, disposed of. (RAJ D. WAKODE, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 02/09/2026 18:44:10