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Bombay High CourtWP/7097/2016allowed

Salasar A Park Co-Operative Housing Society Limited, Through Secretary v. Divisional Joint Registrar, Co-Operative Societies And ORS

2018-07-17Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 24.wp-7097.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7097 OF 2016 Salasar 'A' Park C.H.S. Ltd.

..

Petitioner Vs.

Rajendra Vasudev Tayashete & Ors.

..

Respondents --- Mr.Jaha-ara-Sarkhot i/by Ms.Devashree Raut for the petitioner. Mr.S.H. Kankal, AGP for the respondent nos.1 & 2. Mr.Suhas Deokar for the respondent no.3.

--- CORAM : R.D. DHANUKA, J.

DATE : 17th July 2018 P.C.:

.

The petitioner has impugned the order dated 30th October 2013 passed by the learned Minister for Co-operation in Revision Application No.2013/109/15-C.

2.

A perusal of the order passed by the learned Minister indicates that the respondent no.3 had filed the revision application under Section 154 of the Maharashtra Co-operative Societies Act, 1960 which revision application, in my view, is not maintainable. The impugned order passed by the learned Minister is without jurisdiction and thus deserves to be set aside.

3.

I therefore pass the following order :- (i) The impugned order dated 30th October 2013 passed by the learned Minister for Co-operation is quashed and set aside.

ppn 2 24.wp-7097.16.doc (ii) Second revision application filed by the respondent no.3 bearing No.2013/109/15-C is dismissed.

(iii) Writ petition is allowed in aforesaid terms. No order as to costs. R.D. DHANUKA, J.