Gorakshanath Dudh U.Sahakari ... vs The State Of Maharashtra & Others
2017 Latest Caselaw 5550 Bom

                                    1

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

                      WRIT PETITION NO. 4210 OF 1994

          Gorakshanath Dudh Utpadak 
          Sahakari Sanstha Limited, Wangaon.
          Through its Chairman, 
          Prabhakar S/o. Yadavrao Jogdand,
          Age. Major, R/o. Wangaon,
          Taluka and District Beed.                        ...Petitioner.

                   Versus

 1.       The State of Maharashtra.

 2.       The Assistant Registrar,
          Cooperative Societies (Milk),
          Beed.

 3.       The Divisional Deputy Registrar 
          Co-operative Societies (Dairy),
          Aurangabad.

 4.       Joint Registrar Cooperative
          Societies (D.D.),
          Maharashtra State, 
          Bombay.

 5.       Jaybhavani Dudh Utpadak Sahakari 
          Sanstha Ltd. Wangaon,
          Tq. And District Beed.
          Through its Chairman.

 6.       Mahesh Mahila Dudh Vyavasaik
          Sahakari Sanstha Ltd. Wangaon,
          Through its Chief Promoter.                  ...Respondents.




::: Uploaded on - 09/08/2017                 ::: Downloaded on - 10/08/2017 01:57:05 :::
                                        2

          Advocate for Petitioner : Shri V.D. Salunke.
          AGP for Respondent No. 1 to 4 : Shri S.P. Deshmukh.

                                      CORAM : RAVINDRA V. GHUGE, J.

                                      Dated    : 03rd August, 2017

 ORAL JUDGEMENT :

1. The petitioner/society is aggrieved by the order dated

08/09/1994, passed by the Joint Registrar, Co-operative

Societies (Dairy Development), Maharashtra.

2. I have considered the strenuous submissions of Shri

Salunke, learned advocate for the petitioner and the learned

AGP appearing on behalf of respondent Nos. 1 to 4. Though,

respondent No. 5 and 6 - societies have been served with Court

notice, they have chosen not to enter an appearance, either

through an advocate or in-person.

3. Upon considering the submissions of the learned

advocates, I find that the State Government has introduced a

Resolution (GR) dated 02/04/1993, through the Department of

Animal Husbandry, Dairy Development and Fisheries, by which,

two milk societies can be registered for collection of milk in a

given area. If the milk collection is more than 800 liters per day

and on an average two societies collect 400 liters of milk per

day, the department can consider registering a third society.

Certain special circumstances can also taken into account while

granting such a permission. The parameters for registering the

third society have been mentioned in the said GR. This

indicates that registration of a third society is not prohibited.

4. Mahesh Mahila Dudh Vyavasaik Sahakari Sanstha

Limited (in short the proposed society) had applied for a

permission for registration. A permission to open a Bank

account and to collect milk was granted on 13/12/1993,

subject to the registration of the proposed society. The

petitioner being aggrieved by the same had approached the

Divisional Deputy Registrar Co-operative Societies (Dairy) by

preferring an appeal under Section 152 of the M.C.S. Act, 1960.

By order dated 04/05/1994, the said appeal was allowed and

the order of the Assistant Register dated 13/12/1993, was set

aside.

5. The proposed society approached the Joint Registrar by

Revision No. 32/1994 under Section 154. By order dated

08/09/1994, the said revision was allowed. The order of the

Assistant Registrar was sustained and the said authority was

directed to consider the proposal of the proposed society as per

the GR dated 17/06/1992, and after verification, take a

decision regarding the registration of the proposed society. The

said order is under challenge.

6. It appears from the record that the enquiry report dated

13/10/1993, concerning the said village Wangaon mentions

that the average total milk production in the said village is

about 920 litres per day. The petitioner/society collects about

500 litres per day and the second society collects about 250

litres per day. There was scope for collection of about 150 or

more litres of milk per day.

7. It cannot be ignored that the proposed society comprises

of only women members. Considering that women were the

exclusive members of the said society, the competent authority

has considered the proposal for starting the third society as it

would lead to encouraging the lady members to enter the field of

co-operation and business. I do not find that the said object

could be termed as being perverse. If the said society which

comprises of lady members is granted an opportunity, it might

develop into a society which would conduct it's business and

encourage entrepreneurship amongst the lady members. The

Joint Registrar. while passing the impugned order has taken

care of directing the Assistant Registrar (Dairy), to verify the

proposed society while granting registration.

8. I, therefore, do not find that the impugned order could be

termed as being perverse or erroneous or is likely to cause gross

injustice to the petitioner. Keeping in view the law laid down by

the Hon'ble Apex Court in the matter of Syed Yaqub Versus K.S.

Radha Krishna (AIR 1964 SC 477) and Surya Dev Rai Versus

Ram Chandan Rai [(2003) 6 SCC 682], this petition being

devoid of merit, is therefore, dismissed. Rule is discharged.

( RAVINDRA V. GHUGE, J. )

S.P.C.