Khwaja Garibnawaj Minority Textile Co-Op. Soc. Ltd. Miraj Through Its Sou. Kousar M. Bagwan v. The Dist. Dy. Reg. Co-Op. Societies, Sangli And ORS.
Megha 16_wp_366_2020, 368 & 407_2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.366 OF 2020 Khwaja Garibnawaj Minority Textile Co-op. Industries Ltd. Miraj
...Petitioner
Versus
The District Deputy Registrar, Coop. Societies, Sangli and Ors.
...Respondents
WITH WRIT PETITION NO.368 OF 2020 Loknete Rajarambapu Garment Coop. Industries Ltd., Miraj
...Petitioner
Versus
The District Deputy Registrar, Cooperative Societies, Sangli and Ors.
...Respondents
WITH WRIT PETITION NO.407 OF 2020 Hajrat Khwaja Shamanmira Minority Textile Co-op. Society Ltd., Miraj
...Petitioner
Versus
The District Deputy Registrar, Cooperative Societies, Sangli and Ors.
...Respondents
....
Mr. Ashutosh M. Kulkarni for the Petitioners in all the Petitions. Mr. N.C. Walimbe, AGP for the Respondent-State in WP/366/2020 and WP/368/2020.
Mr. A.B. Kadam, AGP for the Respondent -State in WP/407/2020. CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 26th OCTOBER, 2020.
1/3
Megha 16_wp_366_2020, 368 & 407_2020 P.C.:- Rule. Rule is made returnable forthwith. By consent of the parties, matter is heard finally.
2.
Petitioners, herein are Co-operative societies registered under the Maharashtra Co-operative Societies Act, 1960. By order dated 28/12/2015 the Respondent No.1 confirmed the interim order dated 05/11/2015 appointing Liquidator. The said order was challenged before Respondent No.2 in an appeal under Section 104 of the Maharashtra Co-operative Societies Act, 1960, though it was wrongly styled as revision application under Section 154 of the Act. The said appeal was heard on merits and dismissed on 14/12/2016. Aggrieved by the said order the Petitioners filed a revision application before the concerned Minister of the State. 3.
The records indicate that the Desk Officer has rejected the revision application on the ground of maintainability. Suffice it to say that the Desk Officer has no authority under the law to adjudicate upon any legal issue. The question relating to the maintainability of Revision is required to be decided by the authority under the MCS Act i.e. by the concerned Minister. 2/3
Megha 16_wp_366_2020, 368 & 407_2020 4.
Mr. Walimbe, learned AGP fairly concedes that Desk Officer has no power to reject the revision application. He states that he has received instructions vide letter dated 26/10/2020 in WP/366 of 2020, that the revision application filed by the Petitioners will be heard on merits. Said letter is taken on record and marked 'X' for identification.
5.
Considering the above statement and with consent, Writ Petitions are allowed in terms of prayer clause (b). Impugned orders are quashed and set aside. Matters are remitted to Respondent No.3 with directions to hear and decide the revision applications on merits. It is made clear that this Court has not gone into the merits of the matter.
6.
Rule is made absolute in above terms.
7.
Secretary /Personal Assistant of this Court. All concerned will act (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Megha Parab Date:
2020.10.29 15:29:26 +0530 3/3 Megha Parab