Swapnil Udya Patne v. The Assistant Registrar, Co-Operative Societies, Phaltan And ORS
wp-8672.14ors
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8672 OF 2014 Jayashree Uday Patne : Petitioner.
Versus
The Assistant Registrar, Co-operative Societies, Phaltan & ors.
: Respondents.
ALONG WITH WRIT PETITION NO.8673 OF 2014 Swapnil Uday Patne : Petitioner.
Versus
The Assistant Registrar, Co-operative Societies, Phaltan & ors.
: Respondents.
ALONG WITH WRIT PETITION NO.8674 OF 2014 Uday Shivram Patne : Petitioner.
Versus
The Assistant Registrar, Co-operative Societies, Phaltan & ors.
: Respondents.
Mr. D D Rananaware for the Petitioners Mr. S D Rayrikar, AGP, for the Respondent No.1/State. CORAM :
R. M. SAVANT, J.
DATE :
29th June 2015 P.C.
The above Petitions have been filed challenging the orders dated 22/11/2013 passed by the Revisionary Authority i.e. the Divisional Joint Registrar, Co-operative Societies, Kolhapur by which orders, the Revision Applications filed by each of the Petitioners above named have been rejected on the ground of non-compliance of Section 154(2A) of the Maharashtra Colgc
wp-8672.14ors operative Societies Act.
The said provision contemplates a pre-deposit to be made with the society prior to the revision application being entertained. The learned counsel appearing on behalf of the Petitioners sought to urge contentions on the merits of the matter.
In my view, it is not possible to accept the said contentions in the writ jurisdiction of this Court when the remedy by way of revision was available to the Petitioners, which the Petitioners have not availed in view of the fact that they have not made the pre-deposit as contemplated under Section 154(2A) of the said Act. Hence no case for interference is made out. The above Writ Petitions are accordingly dismissed. However, tf the Petitioners are ready make the pre-deposit, they would be at liberty to renew their challenge to the certificates issued under Section 101 of the said Act, the same would have to be done within four weeks from date, after which the right to file revision applications would stand forfeited. [R.M.SAVANT, J] lgc