Sheikh Azhar Sheikh Asgar v. Ld. Joint Registrar, Co-Opertive Societies (Dairy Devpt), Mumbai And ANR

2025:BHC-NAG:90 1 42-WP-4872-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4872 OF 2024 Sheikh Azhar Sheikh Asgar Vs.

Ld. Joint Registrar, Co-operative Societies (Dairy Development) Maharashtra State, Mumbai Office, Mumbai Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D.P. Bhongade, Advocate for the Petitioner. Mr. H.W. Dhumale, AGP for Respondent/State.

Mr. P.U. Kavishwar, Advocate for Respondent No.2. CORAM: SIDDHESHWAR S. THOMBRE, J .

DATED : 06 th OCTOBER, 1.

This writ petition is filed against the order passed by the learned Joint Registrar, Co-operative Societies (Diary Development) Maharashtra State, Mumbai in Appeal No.09/2023 under Section 104 of the Maharashtra Co-operative Societies Act, 1960. 2.

The impugned order is challenged by the person, who was not party to the proceedings. 3.

Learned counsel for respondent No.1 submitted the fact that no opportunity of hearing was given to the society before passing of the order under Section 104 of the Maharashtra Co-operative Societies Act, 1960. 4.

Learned counsel for the respondent No.1/State raised a preliminary objection about the maintainability of the present writ petition by stating that the petitioner is neither having concern with the affairs of the society

2 42-WP-4872-2024.odt nor is he member of the society and therefore, he is not aggrieved by the order passed by the Joint Registrar, Co-operative Societies.

5.

Therefore, the person who is not aggrieved by the order, certainly, at his behest the proceeding cannot be entertained. The Authority rightly exercised its jurisdiction and passed an order, thereby setting-aside the order of liquidation.

6.

After going through the order passed by the Learned Joint Registrar, Co-operative Societies, I find no perversity in the order and the authority has rightly exercised the powers vested under it and allowed the revision. Therefore, I do not find any illegality to set-aside the order passed by the Learned Joint Registrar, Co-operative Societies. In view thereof, the writ petition is dismissed. No order as to costs.

(S IDDHESHWAR S. THOMBRE J.

) Privel