Shrirampur Audyogik Wasahat Sahakari Society Ltd Through Its Chairman v. The State Of Maharashtra And Others

2026:BHC-AUG:6408

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO. 15381 OF 2025 SHRIRAMPUR AUDYOGIK WASAHAT SAHAKARI SOCIETY LTD THROUGH ITS CHAIRMAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. A. V. Hon, Advocate for the Petitioner Mr. S. D. Ghayal, AGP for Respondent/State CORAM : S. G. CHAPALGAONKAR, J.

DATED : 11th FEBRUARY, 2026 P. C. :- 1.

The Petitioner impugns order dated 04.03.2014 passed under Section 23(2) of The Maharashtra Co-Operative Societies Act, 1960 (for short 'the Act'), whereby directions were issued to grant membership of Society to Respondent Nos.3 to 10.

2.

Previously Petitioner had challenged aforesaid order before this Court in Writ Petition No. 3294 of 2014. The said Writ Petition came to be disposed of on 15.03.2022 with liberty in favour of Petitioner to challenge impugned order before State Government under Section 154 of the Act. It appears that, in pursuance to order passed by this Court, Petitioner approached concerned authority. However, he was not entertained on the ground that no authority is available to deal with revision application. 924 WP 15381.2025.odt

3.

It is well settled by judgment delivered by this Court, particularly in case of Bajrang Labour Co-operative Society Mahagaon Vs. Divisional Joint Registrar of Co-operative Societies, Nagpur and others, 2016(2) Mh.L.J.849, and subsequent order, that Assistant Registrar exercises powers of Registrar while dealing with appeal under Section 23(2) of the Act. Therefore, revision against order of Assistant Registrar can be entertained only by State Government.

4.

In that view of matter, State Government is empowered to deal with challenge to order passed by Assistant Registrar under Section 23(2) of the Act.

5.

In light of aforesaid observations, Writ Petition stands disposed of, with liberty in favour of Petitioner to avail appropriate remedy as indicated above. Needless to state clear that issue of delay and laches as raised on behalf of Respondent, shall be considered independently by concerned authority.

6.

The interim protection granted by this Court on 23.12.2025 shall remain in fore for a period of four weeks from today. (S. G. CHAPALGAONKAR, J.) ssp 924 WP 15381.2025.odt