Bombay High Court
Proposed Laxmidevi Machya ... vs The State Of Maharashtra And ... on 4 July, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1801 OF 2016
Proposed Laxmidevi Machya Vavyasaik
Sahakari Sanstha Maryadit Savangi Talav
Tq. Jalna, District: Jalna
through Its Chief Promoter
Sau. Seeta Bhagaji Mendhare
age: 27 years, occu: Fisherman
R/o as above Petitioner
Versus
1
The State of Maharashtra
Through Secretary,
Milk Animal & Fishery Department,
Maharashtra State, Mantralaya, Mumbai
2 The Assistant Registrar
-Cooperative Societies, Dairy,
Jalna, District: Jalna
3 The Assistant Commissioner of Fishery
Jalna, Tq. Jalna District Jalna
4 Proposed Samarth Machyvayasaik Sahakari
Sanstha Mary. Savangi Talav
Tq. Jalna District Jalna
through Its Chief Promoter
Digambhar Suryabhan Rathod
age: 45 years, occu: Fisherman
R/o as above
5 Proposed Tuljabhavani Machyvayasaik
Sahakari Sanstha Mary. Savangi Talav
Tq. Jalna District Jalna
through Its Chief Promoter
Ramsher Sadashiv Mendhare
age: 24 years, occu: Fisherman
R/o as above.
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6 Proposed Kalukamata Machyvayavsaik
Sahakari Sanstha Mary. Savangi Talav
Ta.Jalna District Jalna
through Its Chief Promoter
Raju Karbhari Bavane
age: 27 years, occu: Fisherman
R/o as above
7 Proposed Jayjagdamba Machyvyavsaik
Sahakari Sanstha Mary. Savangi Talav
Tq. Jalna District Jalna
Through Its Chief Promoter
Ankush Prakash Mendhare
age: 25 years, occu: Fisherman
R/o as above Respondents
Mr.R.T. Nagargoje advocate for the petitioner
Mr. B.V. Patil, advocate for respondent No.5
Mr. A.R. Shaikh advocate for respondent No.6
Mr. G.D. Kale, advocate for respondent No.7
Mr. M.R. Sonawane advocate for respondent No.4
_______________
CORAM : R.M. BORDE &
K.L.WADANE, JJ
(Date : 4 th July, 2016. )
ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Heard.
2 Rule. With the consent of the parties, petition is taken up
for final disposal at admission sage.
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3 The petitioner is objecting to the action of the Assistant Registrar,
Cooperative Societies - Fisheries, Jalna in refusing to accept the proposal of the
petitioner for registration of the fishery society.
4 It is not a matter of dispute that as per the Policy framed by
the State Government, four societies can be registered taking into
consideration the spread area of of Kalyan Girija minor irrigation
project. It is informed that one society has already been
registered; whereas
ig the Assistant Registrar received four
proposals for according registration to three societies. The
proposal tendered by the petitioner society has not been accepted
for the reason that the application was received late i.e. after
receipt of three proposals. The Assistant registrar has placed
reliance on the Circular dated 24.5.2011 issued by the Deputy
Registrar, Cooperative Societies - Fisheries, Maharashtra State,
Mumbai which permits receipt of equal number of proposals in
proportion with number of societies required to be registered. The
learned counsel appearing for the respondents fairly submits that
the circular on which reliance is placed has already been directed
to be quashed by the Division Bench of this Court while dealing
with Writ Petition No.666 of 2012. The Policy prescribed by the
State Government which is latter in point of time i.e. Circulars
dated 26.6.2014 & 12.8.2015 do not contain such prohibition and
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under the Policy, it is obligatory for the Registering Authority to
receive all the proposals and consider and evaluate the merit and
take appropriate decision in respect of Registration of the
proposals. In this view of the matter, considering the Policy of the
deportment declared on 26.6.2014 and the circular dated
12.8.2015, it was incumbent upon the Assistant Registrar to
accept the proposals received from the Fisheries Cooperative
Societies and considered
ig those proposals so received, in
accordance with provisions of law within the frame work of the
Policy framed by the State Government. The impugned action
taken by the Assistant Registrar on 30.1.2016 returning back the
proposal dated 15.9.2015 of the petitioner stands quashed and
the Assistant Registrar - Cooperative Societies Fisheries Jalna is
directed to accept the proposal of the petitioner society and
forward the same to the Assistant Commissioner - Fisheries,
Jalna, tq. Jalna, Dist. Jalna for his consideration. The concerned
authority i.e. respondent No.3 shall evaluate all the proposals
received for according registration and take appropriate decision
in accordance with law, rules and Policy framed by the state
Government. The petitioner shall re-tender the proposal to the
Assistant Registrar Cooperative Societies - Fisheries within a
period of 15 days from today.
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Rule is made absolute accordingly.
(K.L.WADANE, J) (R.M.BORDE, J)
vbd
