Praful Vitthalrao Dhok v. District Dy. Registrar, Co-Operative Societies, Amravati And Others

2025:BHC-NAG:13389 1 67. WP 2779 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2779 OF 2025 PADMA VITTHALRAO DHOK

VERSUS

DISTRICT DY. REGISTRAR, CO-OPERATIVE SOCIETIES, AMRAVATI AND OTHERS AND WRIT PETITION NO.2777 OF 2025 PRAFUL VITTHALRAO DHOK

VERSUS

DISTRICT DY. REGISTRAR, CO-OPERATIVE SOCIETIES, AMRAVATI AND OTHERS AND WRIT PETITION NO.2778 OF 2025 VITTHAL RAMRAO DHOK

VERSUS

DISTRICT DY. REGISTRAR, CO-OPERATIVE SOCIETIES, AMRAVATI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.B. Bhise, Advocate for Petitioner.

Mr. S.V. Narale, AGP for Respondent Nos.1 to 2-State. Mr. S.S. Shingane, Advocate for Respondent No.3. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 25th NOVEMBER 2025 PER COURT :- 1.

Heard learned Advocate for the petitioner as well as learned Advocate for respondents.

2.

The petitioner has challenged the order dated 31.08.2023, passed by respondent No.1 District Deputy Registrar,

2 67. WP 2779 of 2025.odt Co-operative Societies, Amravati and order dated 07.03.2025, passed by respondent No.2 Assistant Registrar Co-operative Societies, Anjangaon Surji, Dist. Amravati.

3.

Perusal of the impugned order dated 31.08.2023 shows that the petitioner had filed a complaint on 15.12.2022, before respondent No.1, under Section 18(1) and (2) of the Maharashtra Money Lending (Regulation) Act, 2014 (for short, "the Act") and in said proceedings, an application for temporary injunction was filed on 28.08.2023. However, respondent No.1 vide impugned order dated 31.08.2023, directed the petitioner to approach respondent No.2 as the said complaint/proceedings were transferred to respondent No.2 for inquiry. Therefore, the petitioner had filed an application for grant of temporary injunction on 26.11.2024, before respondent No.2. On this application, respondent No.2 passed an order dated 07.03.2025 and refused to grant temporary injunction by stating that the authority is not empowered to pass an order on the said application. 4.

Although the petitioner has raised a challenge to the impugned orders on several grounds, however, considering the fact that the challenge is basically to the interim order dated 07.03.2025, passed by respondent No.2, it is desirable that the inquiry proceedings pending before respondent No.2 be decided on merits. 5.

Having regard to the controversy involved in the instant matter and considering the fact that an interim relief was granted by this Court vide order dated 27.05.2025, directing the parties to maintain status quo, it is directed that respondent No.1 District Deputy Registrar, Co-operative Societies, Amravati shall decide the proceedings under Sections 18(1) and (2) of the Act and Rule 17 of

3 67. WP 2779 of 2025.odt the Rules, preferably within a period of six weeks, from the date of receipt of this order.

6.

Considering the controversy involved, parties are directed to maintain status quo during the pendency of the proceedings before respondent No.1, for a period of six weeks.

7.

In view of this, the writ petitions are disposed of. (PRAFULLA S. KHUBALKAR, J.) asd