Madhu Ramashankar Kesharwani Thr Coa v. Deputy Registrar Of Co Operative Hsg Soc And ORS

904-wp-2380-2025.doc Gitalaxmi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2380 OF 2025 Madhu Ramashankar Kesharwani, Through Constituted Attorney, Gaurav Ramashankar Keshrwani ... Petitioner V/s.

Deputy Registrar of Co-operative Hsg.

Soc. & Ors.

... Respondents Mr. Shrikant J. Bhilare, Adv. for the Petitioner. Ms. Kavita N. Solunke, A.G.P. for the State-Respondent. Mr. Chaitanya Shirasao, Adv. for Respondent No. 3. Mr. Gunjan Chaubey, Adv. for Respondent No. 4.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 18, 2025 P.C.:

1.

Challenge in this Petition is to the order passed by the District Magistrate in exercise of the powers conferred under Rule 107(11)(d-1)(vi)(a) of the Maharashtra Co-operative Societies Rules, 1961. This Court has already held that the power exercised by the District Magistrate is executory in nature and he has no discretion on an application made by the Special Executive Officer for delivery of possession. Hence, considering the scope of exercise of the powers by the District Magistrate, no interference is called for.

2.

The Petition is dismissed and disposed of accordingly. (AMIT BORKAR, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.02.18 19:38:51 +0530 GITALAXMI KRISHNA KOTAWADEKAR