Bombay High CourtWP/781/2019dismissedrule discharged

Shri Pramod S/O Tarachand Mendhe v. Divisional Joint Registrar Cooperative Society, Nagpur And Others

2019-02-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp781.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.781 OF 2019 (PRAMOD TARACHAND MENDHE...VS..DIVISIONAL JOINT REGISTRAR, COOP. SOCIETY & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K.Thengri, Advocate for Petitioners.

Ms Tajwar Khan, A.G.P. for Respondent Nos.1 & 2. CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 05, 2019.

Heard.

The petitioner has challenged the order passed by the respondent No.1-Divisional Joint Registrar dismissing the revision application filed by him under Section 154 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act of 1960"), for non-compliance of the mandate of Section 154(2)(a) of the Act of 1960. As per the order passed by the respondent No.1-Divisional Joint Registrar on 14th August 2018, the petitioner was granted time till 28th August 2018 to deposit 50% of the amount of Recovery Certificate. The petitioner failed to deposit the amount and therefore, the revision application is dismissed. The learned advocate for the petitioner has pointed out the document placed on record at Annexure-1 (page No.17 of the paper-book) and has submitted that the petitioner has deposited an amount of Rs.36,000/- with the society till 11th June 2016 and an additional amount of Rs.14,000/- is deposited on 9th June 2018.

2 wp781.19 The amount of Rs.50,000/- is deposited by the petitioner with the society much prior to the issuance of the certificate. As per the order dated 14th August 2018 the petitioner was granted time to deposit 50% of the amount of Recovery Certificate and the petitioner has not deposited any amount as per this order.

In these facts, it cannot be said that the Divisional Joint Registrar has committed any illegality or error of jurisdiction which necessitates interference by this Court in the extraordinary jurisdiction.

The writ petition is dismissed. No costs.

JUDGE RRaut..