Bombay High Court
Zingabhoi Matsya Vyawasauik ... vs The State Of Maharashtra And ... on 4 September, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7073 OF 2013
Zingabhoi Matsya Vyawasayik Sahakari
Sanstha Maryadit Ltd., Sawargaon,
Tal. Majalgaon Dist. Beed
Through its Secretary
Prakash Balasaheb Kachare,
Age: 31 years, occu: Fisherman
R/o Savargaon, Tq.Majalgaon,
Dist. Beed Petitioner
Versus
1 The State of Maharashtra,
Through the Department of Animal Husbandry,
Dairy Development & Fisheries
Maharashtra State, Mantralaya,
Mumbai 400 032
2 The Commissioner of Fisheries,
Maharashtra State,
Taraporwala Aquarium,
Netaji Subhash Road,
Churniroad, Mumbai
3 Deputy registrar,
Cooperative Societies (Fisheries)
Taraporwala Aquarium
Netaji Subhash Road,
Churniroad, Mumbai
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4 District Dairy Development Officer
@ Assistant Registrar,
Cooperative Societies (Dairy)
Beed
5 Maneksha Fisheries Co-operative Society Ltd.,
Bhat Wadgaon,
Tal. Majalgaon, Dist. Beed
Through It's Secrtary Respondents
Mr. D.P. Palodkar advocate for the petitioner
Mr. S.B. Joshi, Assistant Government Pleader for Respondent Nos.1 to 4
Mr. R.T. Nagargoje advocate for respondent No.5
_______________
CORAM : R. M. BORDE, J
(Date: September 4th, 2017)
ORAL JUDGMENT
1 Heard.
2 Rule. With the consent of the parties, the petition is taken
up for final disposal at admission stage.
3 The petitioner is objecting to the orders passed by the
Deputy Registrar, Cooperative Societies - Fisheries, Bombay
dated 15.12.2012 and confirmed in Revision Application tendered
at the instance of the petitioner, by the Commissioner of
Fisheries, Maharashtra State, Mumbai, in view of the order dated
4.7.2013.
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4 The petitioner-fisheries society was initially registered in
the year 1967 and continued its' operation till the orders of
liquidation on 1.3.2006. On consideration of the applications
tendered by the Members of the Society, an order directing
revitalization was issued by the Cooperative Department on
29.12.2008. The order, directing revitalization of the society was
challenged by certain Members of the society and on
consideration of the objections, the Minister for State directed
cancellation of the said orders on 18.3.2010. The petitioner
challenged the decision rendered by the State Government by
presenting Writ Petition bearing No.8757/2010, which came to be
disposed of by learned single Judge of this Court on 1.4.2011
wherein liberty was granted to the petitioner to tender an
application, seeking revitalization, within a period of six weeks
from the date of decision. The petitioner tendered an
application, seeking revitalization and the said Application was
considered favourably and the order came to be issued by the
Assistant Registrar, Cooperative Societies, Milk on 16.6.2011,
directing revitalization of the cooperative society. The decision
rendered by the Assistant Registrar was subject matter of
challenge at the instance of rival society i.e. Respondent No.5 in
an appeal bearing No.28/2011 presented before the Deputy
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Registrar, Cooperative Societies, Milk, M.S. Mumbai. The said
Appeal came to be allowed by the Appellate Authority on
15.12.2012 and the said order has been confirmed in the
Revision Application tendered at the instance of the petitioner to
the Commissioner - Fisheries, M.S. Mumbai. Both the authorities
have held against the petitioner, for the reason that the
petitioner did not approach the Cooperative Department within
the time stipulated by the High Court. It is recorded in the order
passed by the Deputy Registrar, as well as the Commissioner for
Fisheries that, since the petitioner tendered an application late,
the same ought not to have been entertained by the Assistant
Registrar. It is also recorded in the order that, some of the
Members of the Society are not residents of the concerned
village and are hailing from an area outside the jurisdiction of the
society.
5 It is not the matter of dispute that the Registration
certificate was granted to the petitioner as well as the
respondent No.5-society considering availability of the reservoir
for conducting fishing activities at Majalgaon Medium Project
covering more than 6000 hectors area. The State Government
has adopted a Policy since 30.6.2017 to invite open tenders for
permitting fishing activities in the irrigation tanks having covered
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area of more than 2000 Hectors. In the instant matter, even if
the petitioner society is permitted to operate, it cannot claim any
monopoly in respect of conducting of fisheries activities and will
have to compete with the other societies registered in the area.
The respondents do not have any serious objection for permitting
the petitioner society to function by directing revitalization of the
society.
6 In view of the amended Policy declared by the State on
30.6.2017, I do not find any impediment in granting request of
the petitioner of revitalization and the restoration of the order
passed by the Assistant Registrar, Cooperative societies.
7 For the reasons recorded above, the writ petition deserves
to be allowed and the same is accordingly allowed.
8 The adverse order passed by the Deputy Registrar -
Cooperative Societies, Maharashtra State on 15.12.2012, as well
as the Order passed in the Revision, by the Commissioner of
Fisheries, Maharashtra State on 4.7.2013 are quashed and set
aside and the order passed by the Assistant Registrar,
Cooperative Societies - Dairy dated 16.6.20111 stands restored.
9 Rule is made absolute accordingly.
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10 There shall be no order as to costs.
11 In view of disposal of the writ petition, pending Civil
Application, if any, does not survive and stands disposed of.
(R. M. BORDE, J)
vbd
