Manoj Sudam Kasare v. The Special Recovery And Sale Officer And ORS

28-wp-19400-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SHABNOOR AYUB PATHAN WRIT PETITION NO.19400 OF 2024 Manoj Sudam Kasare ... Petitioner V/s.

The Special Recovery & Sale Officer & Ors.

... Respondents SHABNOOR AYUB PATHAN Date: 2025.11.19 18:23:26 +0530 None for the petitioner.

Ms. Dhruti Kapadia, AGP for State - respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 19, 2025 P.C.:

1.

The challenge in this petition arises out of an order passed by the Chief Judicial Magistrate in exercise of powers under Section 107(11)(d-1)(iv) of the Maharashtra Co-operative Societies Rules, 1961. This Court, in Amit Prakash Jori v. State of Maharashtra & Ors., (Writ Petition No.1331 of 2025) decided on 4 February 2025, has categorically held that the powers exercised under the said provision are ministerial and executionary in nature.

2.

In view of the observations and the ratio laid down in the aforesaid judgment, nothing remains to be adjudicated in the present matter. The petition is accordingly disposed of. (AMIT BORKAR, J.)