Bhimrao Shankar Kudale v. The President /Chairman Chikotra Khore Gramin Bigersheti Sahakari Patsanstha And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2054 OF 2025 Bhimrao Shankar Kudale

...Petitioner

Versus

The President / Chairman Chikotra Khore Gramin Bigersheti Sahakari Patsanstha & Ors.

...Respondents

_______ Ms. B. R. Mangale for Petitioner.

Mr. Y. D. Patil for Respondent No.2.

_______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

10 MARCH 2025 P.C.

1.

We have heard learned counsel for the petitioner and learned AGP for respondent No.3 - State. The limited grievance of the petitioner is that the petitioner had deposited an amount of Rs.1 lakh with respondent No.1 / Chikotra Khore Gramin Bigersheti Sahakari Patsanstha. He states that the said amount was for the education of his son who is now appearing for the Higher Secondary School Certificate Examination and for his future education. He is in dire need of money and he is the only bread winner in the family and has no other source of income apart from small works which he undertake. In this situation as respondent No.1 is not returning the amount, the petitioner approached the Cooperative Commissioner / Registrar,

Cooperative, under the Maharashtra State and the Assistant Registrar having its office at Bhosale Building, Gargoti, District Kolhapur. 2.

A representation made by him is dated 8 August 2022. However, no action was taken. The petitioner again submitted a representation dated 12 September 2022 to the Assistant Registrar - Respondent No.3, he also annexed the the deposit certificate as issued by respondent No.1 and all other relevant documents which show that the petitioner has deposited the amount.

3.

In the aforesaid circumstances, it is prayed that respondent No.3 Assistant Registrar be directed to decide the petitioner's representation and take action against respondent No.1.

4.

We are of the clear opinion that the Assistant Registrar - cooperative Society ought to have taken an appropriate action on the representation as made by the petitioner.

5.

We accordingly direct the Assistant Registrar to take appropriate action on the representation and issue appropriate directions to respondent No.1 after examining the facts on record.

6.

Let the petitioner also be granted a hearing on the representation as made by the petitioner and on the documents which he has submitted. 7.

Let the petitioner approach the office of Respondent No.3 on 18 March 2025 at 11.00 a.m. when the petitioner shall be heard and appropriate

order be passed within a period of four days from the date of hearing i.e. on 24 March 2025.

8.

The order be communicated to the petitioner as also respondent No.1. 9.

The petition stands disposed of in the aforesaid terms. No costs. 10.

List the proceedings for compliance on 24 March 2025 (HOB).

11. Parties to act on authenticated copy of this order.

12. Learned AGP shall also communicate this order to the Assistant Registrar, Cooperative Societies, Kolhapur.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.)