Kashinath Vithoba Nale And ANR v. The State Of Maharashtra Through Divisional Joint Registar Co Op. Soc. And ORS

11-wp-2233-2025.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2233 OF 2025 Kashinath Vithoba Nale & Anr.

... Petitioners V/s.

The State of Maharashtra Through Divisional Joint Registrar Co-operative Society & Anr.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2025.02.18 17:28:39 +0530 SHABNOOR AYUB PATHAN Mr. Dipak Shinde for petitioners.

Ms. Sulbha Chipade for State - respondent.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 18, 2025 P.C.:

1.

Challenge in this petition is to an order passed by the Revisional Authority rejecting petitioners' revision for noncompliance under Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960 ("MCS Act"). 2.

However, on perusal of the revision, it is evident that the petitioners have challenged the notice issued by the Special Recovery Officer in exercise of power under Rule 107(11) of the Maharashtra Co-operative Societies Rules, 1961. The notice issued under such Rule, cannot be termed as decision or order within the meaning of Section 154 of the MCS Act. Hence, the revision could have been entertained.

3.

The writ petition is, therefore, dismissed.

(AMIT BORKAR, J.)