Gramseva Sahakari Sanstah, Pimprala, Thr. President, Shri. Subhash Laxmanrao Pesode And ORS. v. State Of Maha., Thr. Commissioner Of Co-Operative Society, Pune And ORS.

1 2wp2077.23 (J).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2077 OF 2023 1] Gramseva Sahakari Sanstha, Pimprala, Reg. No.446, Through its President Shri Subhash Laxmanrao Pesode, Aged 52 years, Occ-Agriculturist, 2] Gramseva Seva Sahakari Sanstha Gondhanapur, Reg. No.852, Through its President Shri Pramod Shridharrao Deshmukh, Aged : 42 years, Occp. : Agriculturist, 3] Gramseva Seva Sahakari Sanstha Amsari, Reg. No.118, Through its President Shri Shravan Shriram Kute, Aged : 46 years, Occp.: Agriculturist 4] Gramseva Seva Sahakari Sanstha Jaypur Reg. No.1230, Pratapsingh Mansingh Pawar Aged : 51 years, Occp.: Agriculturist 5] Gramseva Seva Sahakari Sanstha Ambetakali, Reg. No.1293,

2 2wp2077.23 (J).odt Bhanudas Motiram Bhad Aged : 45 years, Occp.: Agriculturist 6] Gramseva Seva Sahakari Sanstha Palshi, Reg. No.1116, Through its President Shri Gopalrao Bhaskarrao Chavan, Aged:54 years, Occp.: Agriculturist 7] Gramseva Seva Sahakari Sanstha Lokhanwada, Reg. No. 971, Shivajirao Tryambakrao Pandhare, Aged : 50 years, Occp.: Agriculturist, 8] Gramseva Seva Sahakari Sanstha Bhandari, Reg. No.467, Through its President Shri Pralhad Shankar Chopde Aged : 43 years, Occp.: Agriculturist 9] Gramseva Seva Sahakari Sanstha Poraj, Reg. No.355, Through its President Shri Sanjay Motiram Dabhade, Aged : 52 years, Occp.: Agriculturist 10]Gramseva Seva Sahakari Sanstha Kalegaon, Reg. No.948, Through its President Shri Jitendra Suratsingh Ingle Aged : 57 years, Occp.: Agriculturist,

3 2wp2077.23 (J).odt 11] Gramseva Seva Sahakari Sanstha Awar, Reg. No. 477, Dnyandeo Punjaji Vaitkar Aged : 53 years, Occp.: Agriculturist 12]Gramseva Seva Sahakari Sanstha Nagapur, Reg. No.1249, Through its President Shri Bhijaji, Shankar Dhanore Aged : 48 years, Occp.: Agriculturist 13]Gramseva Seva Sahakari Sanstha Akoli, Reg. No.482, Through its President Shri Dilip Wamanrao Mujumale Aged : 42 years, Occp.: Agriculturist 14]Gramseva Seva Sahakari Sanstha Hingana Karegaon, Reg. No.1109, Through its President Shri Shivaji Umarsingh Chavan, Aged : 50 years, Occp.: Agriculturist 15]Gramseva Seva Sahakari Sanstha Sutala, Reg. No.1240, Shankarrao Kashiram Wankhade, Aged:48 years, Occp.: Agriculturist ..

Petitioners .. Versus ..

4 2wp2077.23 (J).odt 1] The State of Maharashtra, Through Commissioner of Co-operative Societies, Pune.

2] The District Deputy Registrar of Co-operative Societies, Buldana.

3] The Assistant Registrar, Co-operative Societies, Taluka-Khamgaon, District-Buldana.

.. Respondents ..........

Shri U.J. Deshpande, Advocate for the petitioners, Ms. N.P. Mehta, Assistant Government Pleader for the respondents. ..........

CORAM :

A.S. CHANDURKAR AND M.W. CHANDWANI , J J .

DATED : 30.03.2023.

ORAL

JUDGMENT

(Per : A.S. Chandurkar, J.) Rule. Rule made returnable forthwith. Learned Assistant Government Pleader waives notice for the respondents. 2.

The challenge raised in this writ petition is to the Show Cause Notice issued to each petitioner-Cooperative Society under Section 102

(1) (c) (ii) and (iv) of the Maharashtra Cooperative Societies Act, 1960. By the said notices, the petitioners have been called upon to show cause why each society should not be put in liquidation.

5 2wp2077.23 (J).odt 3.

It is urged by the learned Advocate for the petitioners that the Show Cause Notices have been issued ignoring the Circular dated 23.09.2013 issued by the Department of Cooperative Marketing and Textiles, whereby the modality of undertaking the process of reviving and strengthening the societies has been undertaken. It is urged that under the said Circular various steps are required to be first taken with regard to societies having Negative Net worth before proceeding to liquidate such societies. On the basis of extraneous considerations, the impugned show cause notices have been issued.

4.

We find that under the Show Cause Notices, the societies were called upon to submit their say within 15 days of the show cause notice dated 13.03.2023. It is submitted that such replies have been submitted by the societies.

5.

Our attention is invited to order dated 20.02.2023 passed in Writ Petition No.1135/2023 (Dattapur Seva Cooperative Society Limited, Dhamangaon Railway .vs. State of Maharashtra and others), wherein while permitting the statutory authority to adjudicate upon the show cause notice, protection for a period of two weeks from passing of an adverse order has been granted.

6 2wp2077.23 (J).odt 6.

We are inclined to follow the similar course. Accordingly, the following order is passed :

O R D E R

(i) It is open for the respondent no.3 to consider the reply given by each Cooperative Society to the impugned Show Cause Notice issued to them.

(ii) In case any order adverse to the societies is passed in view of the impugned show cause notice, the same shall not take effect for a period of two weeks from the date of passing of such order. (iii) Keeping all contentions on merits open, the writ petition is disposed of in aforesaid terms. Rule accordingly. No costs. JUDGE JUDGE Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur