Purushottam Narayan Upadhya And Another v. State Of Maha., Thr. Principal Secretary, Co-Op. Marketing And Textile Dept., Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 5288 of 2024 Purushottam Narayan Upadhya and another

Versus

State of Maharashtra through Principal Secretary, Co-operative Marketing and Textile Department, Mumbai and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri V.B.Bhise, Advocate for the petitioners. Shri G.S.Umale, AGP for the respondent/State. CORAM : PRAVIN S. PATIL, J.

DATED : 28th FEBRUARY, 2025.

Heard.

2.

By the present petition, the petitioners are challenging the order dated 18th June, 2024 passed by the respondent no.2 / the Registrar General of Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune in Revision Application No. 19 of 2022 whereby his revision was rejected on the ground of jurisdiction.

3.

Learned counsel for the petitioner pointed out that judgment of this Court which was relied upon by the respondent no.2 while rejecting the revision, is now reviewed by the Co-ordinate Bench of this Court in Review Application (Civil) No. 196 of 2024 in Writ Petition No. 14387 of 2019 (Murlidhar Ganpati Kekan Vs. The State of Maharashtra and others) by order dated 12th September, 2024. Accordingly, it is held that the view taken in the case of Vishwanath Marotrao Ganjre Vs. Divisional Joint Registrar Co-operative Society, Amravati and others in Writ Petition No. 5362 of 2017 is the correct view and revision under Section 9 of Maharashtra Money Lending (Regulation) Act, 2014 is tenable before the Registrar, General Money Lending. 4.

In view of order of Coordinate Bench of this Court dated 12th September, 2024, the impugned order does not sustain and same is liable to be quashed and set aside. Accordingly, the order dated 18th June, 2024 passed by the respondent no.2 / the Registrar General of

Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune in Revision Application No. 19 of 2022 is hereby quashed and set aside.

5.

The respondent no. 2 is directed to restore the revision application no. 19 of 2022 and decide the same on its own merit as per the provision of law. 6.

The petitioner undertake to appear before the respondent no.2 / the Registrar General of Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune on 17th March, 2025.

7.

The writ petition is disposed of in above stated terms. No costs.

[PRAVIN S. PATIL, J.]