Harish Jayantilal Pandya v. Divisional Joint Registrar Co Operative Soc And ORS

22-wp12376-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12376 OF 2025 Harish Jayantilal Pandya ... Petitioner V/s.

Divisional Joint Registrar, Coop.

Societies & Ors.

... Respondents Mr. Simil Purohit, Senior Advocate with Mittal Munoth for the petitioner.

ATUL GANESH KULKARNI Mrs. M.S. Srivastava, AGP for respondent Nos.1 and 6State. ATUL GANESH KULKARNI Date: 2025.09.26 17:27:14 +0530 Mr. Amogh Singh with Mr. Pushpendrasingh V. Shekhawat for respondent No.5.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 26, 2025 P.C.:

1.

The complainant has filed present writ petition challenging order passed by the Revisional Authority granting stay to the order passed by the Registrar in exercise of powers under Section 75(5) of the Maharashtra Cooperative Societies Ac, 1960. 2.

Principal grievance raised on behalf of the petitioner is that in a revision filed by the three persons, the Revisional Authority has extended relief to the non-appealing persons and, therefore, such exercise of power is impermissible.

3.

In my view, the contentions raised on behalf of the petitioner is justified. The Revisional Authority could not have granted relief

22-wp12376-2025.doc to the non-appealing persons and, therefore, the order granting benefit to Ashish Karla, Chetan Mistry, Hetal Halai and Anita Chavare is set aside.

4.

However, it is made clear that if they invoked revisional jurisdiction of the Authorities, the Authorities shall consider their on merits after giving opportunity of hearing to both sides, uninfluenced by the observations made in this order. 5.

Considering limited controversy involved, the Revisional Authority shall endeavor to decide the revision application within four weeks from today.

6.

The writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)