Bombay High Court
Bembala Doodh Utpadak Sahakari ... vs Deputy Registrar Of Cooperative ... on 17 November, 2017
Bench: Z.A. Haq
Judgment 1 wp4008.15+3.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4008 OF 2015
WITH
WRIT PETITION NO. 4009 OF 2015
WITH
WRIT PETITION NO. 5066 OF 2015
WITH
WRIT PETITION NO. 5070 OF 2015
W.P.NO.4008/2015.
Warah Palan Sahakari Sanstha Ltd.,
Pandhurna (Kh), Tq. Ghatanji, District:
Yavatmal, through its President
Shri Sunil Deoraoji Dethe,
R/o. Pandhurna (Kh), Tq.Ghatanji,
District : Yavatmal.
.... PETITIONER.
// VERSUS //
1. The Divisional Joint Registrar
Co-operative Societies (Dairy),
Amravati Division, Amravati.
2. Assistant Registrar of Co-operative
Societies (Dairy), Yavatmal,
R/o. Yavatmal, Tq. & Distt.
Yavatmal.
.... RESPONDENTS
.
WITH
W.P.NO.4009/2015.
Trishuleshwar Doodh Utpadak Sahakari
Sanstha Ltd., Tiwasala, Tq. Ghatanji,
District : Yavatmal, through its President
Shri Arvind Jaiwantrao Lonkar,
R/o. Tiwsala, Tq. Ghatanji,
District : Yavatmal.
.... PETITIONER.
::: Uploaded on - 02/12/2017 ::: Downloaded on - 02/12/2017 23:04:28 :::
Judgment 2 wp4008.15+3.odt
// VERSUS //
1. The Divisional Joint Registrar
Co-operative Societies (Dairy),
Amravati Division, Amravati.
2. Assistant Registrar of Co-operative
Societies (Dairy), Yavatmal,
R/o. Yavatmal, Tq. & Distt.
Yavatmal.
.... RESPONDENTS
.
WITH
W.P.NO.5066/2015.
Tina Doodh Utpadak Sahakari
Sanstha Ltd., Mungashi, Tq. Pusad,
District : Yavatmal, through its President
Shri Viajay S/o. Bhopasingh Chauvhan,
R/o. Pusad, Tq. Pusad,
District : Yavatmal.
.... PETITIONER.
// VERSUS //
1. Deputy Registrar of
Co-operative Societies (Dairy),
Amravati Division, Amravati.
2. Assistant Registrar of Co-operative
Societies (Dairy), Yavatmal,
R/o. Yavatmal, Tq. & Distt.
Yavatmal.
.... RESPONDENTS
.
WITH
::: Uploaded on - 02/12/2017 ::: Downloaded on - 02/12/2017 23:04:28 :::
Judgment 3 wp4008.15+3.odt
W.P.NO.5070/2015.
Bembala Doodh Utpadak Sahakari
Sanstha Ltd., Nandura, Tq. Babhulgaon,
District : Yavatmal, through its President
Shri Ruprao S/o. Ramdasji Mahanur,
R/o. Nandura, Tq. Babhulgaon,
District : Yavatmal.
.... PETITIONER.
// VERSUS //
1. Deputy Registrar of
Co-operative Societies (Dairy),
Amravati Division, Amravati.
2. Assistant Registrar of Co-operative
Societies (Dairy), Yavatmal,
R/o. Yavatmal, Tq. & Distt.
Yavatmal.
.... RESPONDENTS
.
___________________________________________________________________
Ms Prajakta Choudhari,Adv. h/f. Shri Abhay Sambre,Advocate for Petitioners.
Ms Kalyani Deshpande, A.G.P. for Respondent Nos.1 & 2.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : NOVEMBER 17, 2017.
ORAL JUDGMENT :
1. All these petitions can be disposed of by common judgment as the
point which falls for consideration in these writ petitions is same.
Judgment 4 wp4008.15+3.odt
2. Heard learned advocate for the petitioners and the learned A.G.P.
for the respondent Nos. 1 and 2.
3. RULE. Rule made returnable forthwith.
4. By these petitions, the petitioners have made grievance that the
interim order of liquidation passed by the Respondent No.2-Assistant
Registrar on 20th November, 2014 was not served on the petitioner and
therefore, the impugned order is bad in law having been passed in violation
of the mandate of Sections 102 and 103 of the Maharashtra Co-operative
Societies Act, 1960. The petitioner further contends that final order of
liquidation issued by the respondent No.2-Assistant Registrar is cyclostyled
and it does not show application of judicious mind.
5. In response to the notice issued by this Court, the respondent
No.1 has filed affidavit in reply. Though it is stated in paragraph 5 that the
copy of the interim order dated 20th November, 2014 was dispatched and the
same is received by the petitioner society, nothing is placed on the record to
substantiate this contention. Moreover, the burden to show that copy of the
interim order of liquidation passed on 20 th November, 2014 was served on
the co-operative society is on the Assistant Registrar of Co-operative Societies
and for reasons best known to the respondent No.2-Assistant Registrar he has
chosen not to file reply and counter the claim of the petitioner-society about
non-service of the interim order.
Judgment 5 wp4008.15+3.odt
6. By an order passed on 21st July, 2015, this Court has stayed the
effect, operation and implementation of the impugned orders. The interim
order continues till today.
In the above facts, in my view, the following order would
subserve the ends of justice:
i) The impugned orders are set aside.
ii) The matter is remitted to the respondent No.2-Assistant Registrar
to take up the proceedings and pass appropriate orders after
serving copy of the interim order of liquidation dated 20 th
November, 2014 on the petitioner-society;
iii) The petitioners shall appear before the respondent No.2-Assistant
Registrar, Co-operative Societies (Dairy), Yavatmal on 12 th
January, 2018 and abide by further orders/instructions in the
matter.
Rule made absolute in the above terms. In the circumstances,
the parties to bear their own costs.
JUDGE
RRaut..
