Mahesh Bhartiya v. Dy Registrar, C. S. T- Ward , Mulund , Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2440 OF 2025 Mahesh Bhartiya Age - 56 Years, Flat No.B1/002, Lok Nisarg CHS Ltd., Vaishali Nagar, Ghatipada Road, Mulund (West), Mumbai - 400 080 ... Petitioner V/s.

1. Deputy Registrar, C.S. T-Ward, Mulund, Mumbai, Acc Compound, JSD Marg, Mulund (West), Mumbai - 400 080

2. District Deputy Registrar, C.S., - 2, East Suburban, Mumbai, having its address at 201, 2nd Floor, Konkan Bhavan, CBD Belapur, Navi Mumbai - 400 614

3. Divisional Joint Registrar, Co-op Soc., Mumbai Division, 6th Floor, Malhotra House, Opp. GPO, Fort, Mumbai - 400 001

4. Lok Nisarg CHS Ltd., B-5/001, Vaishali Nagar, Ghatipada Road, Mulund(WEst), Mumbai - 400 080

5. Latika Naik, Chartered Accountants C-01, 303, Lok Surabhi, Near Patri Pool, Kalyan(West), Maharashtra - 421 301

6. Rajratan Kothari Having its address at 1/4

C/201, Sai Classic Building, Mulund(East), Mumbai - 400 081

7. K.D. Sagar, Special Auditor, Class - 2 Kanmur House, 2nd Floor, Narsi Nath Street, Masjid Bunder, Mumbai - 400 009

8. D.B. Poojary Flat No.B1/501, Loknisarg CHS Ltd., Vaishali Nagar, Ghatipada Road, Mulund(West), Mumbai - 400 080

9. Ravi Uchil Flat No.B5/703, Loknisarg CHS Ltd., Vaishali Nagar Ghatipada Road, Mulund(West), Mumbai - 400 080

10. Arun Bhalerao Flat No.B2/504, Loknisarg CHS Ltd., Vaishali Nagar Ghatipada Road, Mulund(West), Mumbai - 400 080

11. G.P. Lagad Flat No.B3/501, Loknisarg CHS Ltd., Vaishali Nagar Ghatipada Road, Mulund(West), Mumbai - 400 080

12. Giridhar Gawand Flat No.B3/604, Loknisarg CHS Ltd., Vaishali Nagar Ghatipada Road, Mulund(West), Mumbai - 400 080

13. Shreedhar Shetty Flat No.B5/402, Loknisarg CHS Ltd., Vaishali Nagar Ghatipada Road, Mulund(West), Mumbai - 400 080

14. Prakash Lagad Flat No.B3/703, Loknisarg CHS Ltd., Vaishali Nagar Ghatipada Road, Mulund(West), Mumbai - 400 080 2/4

15. Sudesh Jagtap Flat No.B4/302, Loknisarg CHS Ltd., Vaishali Nagar Ghatipada Road, Mulund(West), Mumbai - 400 080 ... Respondents Mr. Amogh Singh a/w Mr. P. V. Shekhawat & Mr. Rahul Arora i/by Mr. P. V. Shekhawat for the Petitioner.

Mr. V. G. Badgujar, AGP for the Respondent-State. Mr. T. R. Yadav i/by Ms. Seema Chopda for Respondent No.4. Ms. Padma Chinta for Respondent Nos.8 to 15.

Mr. Kiran A. Sonawane, District Deputy Registrar-2, C.S. Mumbai(E) Suburban, present.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 6th March, 2026 JUDGMENT (PER : A. S. GADKARI, J.) :- 1) By this Petition under Article 226 of the Constitution of India, the Petitioners, erstwhile Committee Members of Respondent No.4 Society have impugned Orders dated 23rd January, 2024 passed by Respondent No.1 i.e. Deputy Registrar, Co-operative Societies, T-ward, Mulund, Mumbai and dated 20th March, 2024 passed by Respondent No.2 i.e. District Deputy Registrar, Co-operative Societies-2, East Suburban, Mumbai. 1.1) By the Order dated 23rd January, 2024 passed by the Respondent No.1, the concerned Authority had directed re-audit of the Respondent No.4 Society.

1.2) That, by an Order dated 20th March, 2024, the Respondent No.2 had appointed Respondent No.7 to conduct the said re-audit. 3/4

2) Mr. Singh, learned counsel appearing for the Petitioner on instructions submitted that, the said Orders were passed at the behest of disgruntle members of the Society, who subsequently became Managing Committee Members of the Respondent No.4 Society. That, the new Managing Committee of Respondent No.4 Society has thereafter passed Resolution No.10 in its General Body Meeting dated 26th October, 2025 thereby, withdrawing all the complaints filed against erstwhile Committee Members of the said Society.

2.1) He tendered across the bar a photocopy of the said Resolution No.10 dated 26th October, 2025.

3) As the General Body Meeting of Respondent No.4 unanimously passed Resolution No.10 thereby, taking a decision to withdraw the proceedings against the erstwhile Committee Members, learned AGP on instructions from the Respondent No. 2 submitted that, the Respondent No.1 and Respondent No.2 with immediate effect, withdraw the impugned Orders dated 23rd January, 2024 and 20th March, 2024. 4) In view of the abovesaid categorical statement made by the Respondent Nos.1 and 2, nothing further survives in the Petition and is accordingly disposed off.

4.1) Rule is accordingly made absolute in the aforesaid terms. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 4/4