Pradip Bhausaheb Kute v. The Divisional Joint Registrar Co Op Soc And ORS

23 Wp-12604-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12604 OF 2024 Pradip Bhausaheb Kute.

...Petitioner.

Versus

The Divisional Joint Registrar and Others.

...Respondents.

------ Mr. Nitin Gaware Patil and Divyesh Jain for the Petitioner. Ms. P. M. J. Deshpande, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : November 13, 2024.

P. C. :

1.

By the present petition, the challenge is to the order dated 25th June 2024 passed by the Respondent No.1-Divisional Joint Registrar in Revision Application No.97 of 2024 filed by the Petitioner under Section 154 of the Maharashtra Co-operative Societies Act, 1960 declining to exercise the jurisdiction by holding that order passed under Section 81(6) of the MCS Act is not a decision or an order to be considered revisable under Section 154 of the MCS Act. 2.

Without going into merits of the matter, considering the view taken by this Court in Daultarao Shankarrao Thakare v. Divisional Joint Registrar1, delivered on 26th July 2024, the matter can be remanded to the Respondent No.1 to be considered afresh in the light 2024 SCC OnlIne Bom 2517.

Patil-SR 1 of

23 Wp-12604-2024.doc of decision noted above.

3.

In the light of above, the impugned order dated 25th June 2024 is hereby quashed and set aside and the matter is remanded to the Divisional Joint Registrar to be considered fresh in the light of decision of this Court in Daultarao (supra).

4.

Parties to appear before the Divisional Joint Registrar on 26th November 2024 at 11.30 a.m.

5.

The Divisional Joint Registrar is requested to decide the revision application expeditiously.

6.

Petition stands disposed of in above terms.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 14/11/2024 11:40:42