Proposed Annabhau Sathe Machya ... vs The State Of Maharashtra And ...
2016 Latest Caselaw 3573 Bom

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                                                                     wp 1821.16.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                           
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.1821 OF 2016




                                                   
     Proposed Annabhau Sathe Machya Vavyasaik
     Sahakari Sanstha Ltd. Bajiumrad
     Tq. Jalna, District: Jalna




                                                  
     through Its Chief Promoter
     Anil Ankush Thorat
     age: 29 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, Tq. Jalna, District: Jalna
   



     3        The Assistant Commissioner of Fishery
              Jalna, Tq. Jalna District Jalna


     4        Proposed Sw. Dala Naik Machyvayasaik





              Sahakari Sanstha Ltd., Nirkheda,
              Tq. Jalna District Jalna
              through Its Chief Promoter
              Vishanu Fhakira Rathod
              age: 37 years, occu: Fisherman
              R/o as above                                          Respondents

Mr.R.T. Nagargoje advocate for the petitioner

Mr. M.R. Sonawane advocate for respondent No.4 _______________

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CORAM : R.M. BORDE &

K.L.WADANE, JJ

(Date : 4 th July, 2016. )

ORAL JUDGMENT

(Per: R.M. Borde, J)

1 Heard.

Rule. With the consent of the parties, petition is taken up

for final disposal at admission sage.

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 Nirkheda minor irrigation

project. It is informed that one society has already been

registered; whereas the Assistant Registrar received two

proposals for according registration for one society. 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

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one proposal. 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 respondent 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 does not contain such prohibition and

under the Policy, it is obligatory for the Registering Authority to

receive all the proposals and consider and evaluate on merits and

take appropriate decision in respect of Registration of the society.

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 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 29.1.2016 returning back the

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proposal dated 5.11.2015 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.

5 Rule is made absolute accordingly. No costs.

                  (K.L.WADANE, J)                (R.M.BORDE, J)





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