Akola,Amravati,Buldhana,Washim Zilla Jangal Kamgar Sah. Sansthan Cha Sangh Marya.,Thr.Pres. and Anr. v. Divisional Joint Registrar, Cooperative Societies, Amravati and Another

Bombay HC26 Mar 2024WP/2008/2024

Case brief

AI extract

What is this about?

Petition challenges an order under section 79(2) of the Maharashtra Cooperative Societies Act directing the society to hand over the Secretary's charge. Notice issued; interim stay on the directions granted.

What did the court decide?

Interim stay on the directions issued by respondent No.1 until next date; notice issued returnable 22/04/2024.

Akola,Amravati,Buldhana,Washim Zilla Jangal Kamgar Sah… — Cooperative Societies | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO. 2008 OF 2024

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Akola Amravati Buldhana, Washim Zilla Jangal Kamgar Sahakari Sanstha Cha Sangh Maryadit, Akola and another

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-Vs.-

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Divisional Joint Registrar, Cooperative Societies, Amravati and another

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Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's Orders.

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Mr.I.N.Choudhari, counsel for the petitioners.

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Mrs.Mrunal Naik, AGP for the respondents-State.

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CORAM : B. P. DESHPANDE, J.

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DATE : 26^TH MARCH, 2024

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Heard the learned counsel for the petitioners.

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The order impugned in the present petition is dated 13/03/2024 passed under section 79(2) of the Maharashtra Cooperative Societies Act by respondent No.1.

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It is the contention of the learned counsel for the petitioners that the the order directing the petitioners to handover the charge of the Secretary to the respondent No.2 is without jurisdiction and also violating the principles of natural justice. He would submit that respondent No.1 is having limited powers under section 79(1) of the Maharashtra Cooperative Societies Act in connection with filing of returns and statements of the society. However, the impugned order herein is the direction to handover charge of the post of Secretary within a period of seven days.

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By placing reliance in the case of Maitri Park

KHUNTE

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Cooperative Housing Society Ltd., Mumbai v. Virendra Khanna and others , reported in 2019 (1) Mh.L.J. 109 , the learned counsel for the petitioners submits that the power is administrative in nature and that too with regard to the statements and accounts.

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Issue notice to the respondents, returnable on 22/04/2024.

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Learned Assistant Government Pleader Mrs.Mrunal Naik waives notice on behalf of respondent No.1.

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Apart from regular service, service by other mode is permitted.

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In the meantime, the directions issued by the respondent No.1 are stayed till the next date.

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JUDGE

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Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 26/03/2024 16:08:13 KHUNTE

Akola,Amravati,Buldhana,Washim Zilla Jangal Kamgar Sah. Sansthan Cha Sangh Marya.,Thr.Pres. and Anr. v. Divisional Joint Registrar, Cooperative Societies, Amravati and Another

Case brief

What is this about?

What did the court decide?

Akola,Amravati,Buldhana,Washim Zilla Jangal Kamgar Sah. Sansthan Cha Sangh Marya.,Thr.Pres. and Anr. v. Divisional Joint Registrar, Cooperative Societies, Amravati and Another

Case brief

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What did the court decide?

What the court decided

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