Bombay High CourtWP/830/2025dismissed

Shankar Madhukar Ghule v. District Dy. Registrar, Co-Op. Societies, Washim And Others

2025-02-14Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 wp 830.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 830 of 2025 [Shankar Madhukar Ghule ..vs.. District Deputy Registrar, Co-operative Societies, Washim and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. R. Deshpande, Advocate for the petitioner Mr. S. B. Bissa, AGP for the State CORAM : ANIL L. PANSARE J.

DATED : 14-02-2025 Heard.

The contention is that in absence of any directions in terms of sub-section (1) of Section 79A of the Maharashtra Co-operative Societies Act, 1960 (for short 'the Act of 1960'), the respondent no. 1 had no jurisdiction to pass order in terms of sub-section (3) of Section 79A because the Registrar has to record satisfaction that the person against whom the order is to be passed was responsible for complying the directions issued to the society under sub-section (1) and he has failed to comply with the directions without any good reason or justification. As stated above, since there were no directions under sub-section (1) of Section 79A, the respondent no. 1 carries a blame of usurping powers under sub-section (3) of Section 79A of the Act of 1960 by which the petitioner - manager of the society is transferred to other branch. On the strength of submissions so made, issue notice, returnable in three weeks.

Learned Assistant Government Pleader waives notice for respondent no. 1.

2 wp 830.2025.odt In the meantime, there shall be stay to the impugned order dated 3-2-2025.

(Anil L. Pansare, J.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PA To Honourable Judge Date: 14/02/2025 18:30:14