Dilip S/O Changdev Khare Since Decd. Thr Lrs v. The Commissioner For Coopeation Registrar Of Cooperative And ORS

Megha 34_wp_19213_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19213 OF 2024 Dilip s/o. Changdev Khare since deceased through LRs.

1-A Mandakini w/o. Dilip Khare and Ors.

...Petitioners

V/s.

The Commissioner for Cooperation, Registrar of Co-operative Societies and Money Lending, Maharashtra State, Pune.

...Respondents

______________ Mr. Ganesh J. Kore (through VC) with Mr. Abhishek Nagode for the Petitioners.

Ms. A.A. Nadkarni, AGP for Respondent-State.

______________ CORAM : SANDEEP V. MARNE, J.

Dated : 3 February 2025.

P.C. :

Digitally signed by MEGHA SHREEDHAR PARAB Date:

2025.02.04 10:56:18 +0530 MEGHA SHREEDHAR PARAB 1) The challenge in the present Petition is to the order dated 10 May 2024 passed by the Registrar General, Money Lending, holding that revision is not maintainable against order passed by the Divisional Joint Registrar under the provisions of Maharashtra Money Lending (Regulation) Act, 2014. While holding so the Registrar General relied upon order dated 24 April 2024 passed by the learned Single Judge of this Court. Page No.

1 of 3 February 2025

Megha 34_wp_19213_2024.docx However, the learned counsel appearing for the Petitioners would invite my attention to subsequent order dated 12 September 2024 passed by the same learned Single Judge in Review Application (Civil) No.196 of 2024 recalling the order dated 24 April 2024 passed in Writ Petition No.14387 of 2019. While doing so this Court relied upon the view expressed by another Single Judge of this Court at Nagpur Banch in Vishwanath Marotrao Ganjre vs. Divisional Joint Registrar Cooperative Society, Amravati and others1 holding that the intention of the legislature was to make available a remedy against the order passed by the Divisional Joint Registrar. 2) In view of the fact that order dated 24 April 2024 passed in Writ Petition No.

14387 of 2019 is recalled, in my view the Registrar General, Money Lending will have to decide the revision filed by Petitioners on merits. Accordingly, the order dated 10 May 2024 passed by the Registrar General, Money Lending is set aside and Revision No.3 of 2022 is restored on its file. Revision shall be decided by the Registrar General, Money Lending, Maharashtra State, Pune, on its own merits without being influenced by any of the observations made in the order. 3) With the above observations, the Writ Petition is disposed of.

[SANDEEP V. MARNE, J.] Writ Petition No.5362 of 2017 decided on 28 August 2018 Page No.

2 of 3 February 2025