Single judge's short order dismissing a writ petition challenging orders by Divisional Joint Registrar and Minister declining to deregister a cooperative society. Court found no jurisdictional error or perversity.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7367 OF 2015
Alka Chandewar .. Petitioner vs. Om Madhusudan Co-operative Housing Society Limited and ors. .. Respondents
Ms Vidita S. Bhalekar i/b Mr. S.R. Bhalekar for the Petitioner.
CORAM : M. S. SONAK, J. DATE : 30 JUNE 2016.
P.C. :-
2] The challenge in this petition is to the orders made by the Divisional Joint Registrar and the Hon'ble Minister (Cooperation) , declining the petitioner's plea for de-registration of respondent No.1 cooperative society. Ms Bhalekar, learned counsel for the petitioner, has contended that the registration of the Society was obtained on the basis of misrepresentations. Further, there were several procedural illegalities in the matter of registration. Accordingly, the petitioner had made out a case warranting de-registration of the society.
3] Upon due consideration of submissions made by the learned counsel for the petitioner, perusal of the record as also the orders made by the two authorities, in my judgment, no case is made out to warrant interference with the impugned orders under Articles 226
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and 227 of the Constitution of India. The two authorities have concurrently rejected the case with regard to misrepresentations or procedural illegalities, which really go to the root of the matter. The revisional authority has also observed that the effects of deregistration of the society will really be felt harshly by the purchasers of the premises, who are not even parties to these proceedings. There is neither any jurisdictional error nor any perversity in the view taken, concurrently by the two authorities.
4] Accordingly, this petition is dismissed. There shall, however, be no order as to costs.
5] However, it is clarified that in case the petitioner or her mother have any grievances against the respondent No.1 Cooperative Society, in the matter of their civil rights, nothing in the impugned orders will prejudice them from agitating the issue of their civil rights before appropriate forum.
(M. S. SONAK, J.)
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1 issue framed by the court
Whether the writ petition challenging orders declining de-registration of a cooperative society warrants interference under Articles 226 and 227 of the Constitution of India.
Alka Chandewar
Om Madhusudan Co-operative Housing Society Limited and ors.
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
