Bombay High Court
Mozari Sewa Sahakari Society, ... vs State Of Maha., Thr. Prin. Secy., ... on 6 April, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2266 OF 2023
1) MOZARI SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.15, through its
President Mr. Premraj S/o.
Chandrabhanji Banarase, Aged - 55
Years, having office At Post - Mozari,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
2) VARKHED SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.1058, through
its President Mr. Shrikantrao S/o.
Bhagwantrao Boke, aged - 53 Years,
having office At Post - Varkhed, Tahsil -
Tiwasa, District - Amravati
(Maharashtra State)
3) SHENDOLA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.204,
through its President Mrs. Vithabai
W/o. Ashokrao Mandavgane, Aged -
65 Years, having office At Post -
Shendola (Kh), Tahsil - Tiwasa, District
- Amravati (Maharashtra State)
4) FATTEPUR SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.1057, through
its President Mr. Nareshrao S/o.
Tulsiram Lahane, Aged - 48 Years,
having office At Post - Shivangaon,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
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5) VARAHA SEWA SAHAKARI SOCIETY, A
registered Co-operative Society, bearing
Registration No.839, through its Vice
President Mr.Ranjit S/o. Chakradharrao
Adsad, Aged-50 Years, having office At
Post - Malegaon, Tahsil - Tiwasa,
District - Amravati (Maharashtra State)
6) MARDI SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.713, through
its President Mr. Umesh S/o
Namdeorao Kalamkar, Aged -50 Years,
having office At Post - Divankhed,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
7) KAUDANYAPUR SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1121,
through its President Mr.Bharat S/o
Bajiraoji Dhole, Aged-59 Years, having
office At Post - Jahagirpur, Tahsil -
Tiwasa, District - Amravati
(Maharashtra State)
8) SHENDURJANA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1052,
through its President Mr.Haribhau S/o
Ukhandrao Pachghare, Aged-63 Years,
having office At Post - Shendurjana
(Kh), Tahsil - Tiwasa, District -
Amravati (Maharashtra State)
9) MASADI SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.1170, through
its President Mr. Ashish S/o
Manoharrao Polhad, Aged - 39 Years,
having office At Post - Anjanwati,
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Tahsil - Dhamangao Railway, District -
Amravati (Maharashtra State)
10) NIMBHORA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.501,
through its President Mr.Anil S/o
Pundlikrao Punse, Aged - 48 Years,
having office At Post - Nimbhora,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
11) BHAMBORA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.446,
through its Vice President Mr.Mangesh
S/o Madhukarrao Polhad, Aged - 42
years, having office At Post -
Kavadgavan, Tahsil - Tiwasa, District -
Amravati (Maharashtra State)
12) SATARGAON SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1017,
through its President Mr.Vivekrao S/o
Baburao Deshmukh, Aged - 48 Years,
having office At Post - Satargaon,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
13) MAMDAPUR SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1050,
through its President Mr. Radheshyam
S/o Janraoji Mahatme, Aged - 44
Years, having office At Post -
Satargaon, Tahsil - Tiwasa, District -
Amravati (Maharashtra State)
...Petitioners
Versus
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1) STATE OF MAHARASHTRA, Through
Principal Secretary, Ministry/
Department of Co-operation, Marketing
& Textiles, Mantralaya, Mumbai - 400
032
2) THE CO-OPERATIVE COMMISSIONER
& REGISTRAR, CO-OPERATIVE
SOCIETIES MAHARASHTRA STATE
having office at 5-B.J.Road, New
Central Building, Pune - 411001
(Maharashtra State) Email ID -
[email protected]
3) THE DISTRICT DEPUTY REGISTRAR,
CO-OPERATIVE SOCIETIES,
AMRAVATI, having office at Sahakar
Sankul, Kantanagar, Amravati, Tahsil &
District - Amravati, (Maharashtra
State) Email ID -
[email protected]
4) THE ASSISTANT REGISTRAR, CO-
OPERATIVE SOCIETIES, TIWASA,
having office at New Administrative
Building, Tahsil Office Campus, Tiwasa,
Taluka-Tiwasa, District - Amravati
(Maharashtra State)
Email ID - [email protected]
... Respondents
-------------------------------------------------------------------------------------------------
Smt. Ayushi Dangre-Tripathi, Advocate for petitioners.
Shri. A. A. Madiwale, Assistant Government Pleader for
respondents.
-------------------------------------------------------------------------------------------------
CORAM : A. S. CHANDURKAR AND
M. W. CHANDWANI, JJ.
DATED : APRIL 6, 2023
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ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :
Rule. Rule is made returnable forthwith.
Shri Madiwale, learned Assistant Government Pleader waives notice
for the respondents.
(2) The challenge raised in this writ petition is to the
Show Cause Notices issued to each petitioner-Cooperative Society
under Section 102 (1) of the Maharashtra Cooperative Societies Act,
1960. By the said notices, the petitioners have been called upon to
show cause why each society should not be put in liquidation.
(3) It is urged by the learned Advocate for the
petitioners that the Show Cause Notices have been issued ignoring the
Circular dated 23.09.2013 issued by the Department of Cooperative
Marketing and Textiles, whereby the modality of undertaking the
process of reviving and strengthening the societies has been
undertaken. It is urged that under the said Circular various steps are
required to be first taken with regard to societies having Negative Net
worth before proceeding to liquidate such societies. On the basis of
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extraneous considerations, the impugned show cause notices have
been issued.
(4) We find that under the Show Cause Notices, the
Societies were called upon to submit their say and it is submitted that
such replies have been submitted by the Societies.
(5) Our attention is invited to order dated 20.02.2023
passed in Writ Petition No.1135/2023 (Dattapur Seva Cooperative
Society Limited, Dhamangaon Railway .vs. State of Maharashtra and
others), wherein while permitting the statutory authority to adjudicate
upon the show cause notice, protection for a period of two weeks from
passing of an adverse order has been granted.
(6) We are inclined to follow the similar course.
Accordingly, the following order is passed :
ORDER
(i) It is open for the respondent no.4 to consider the reply
given by each Cooperative Society to the impugned Show Cause
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Notices issued to them.
(ii) In case any order adverse to the societies is passed in view
of the impugned show cause notices, the same shall not take
effect for a period of two weeks from the date of passing of such
order.
(iii) Keeping all contentions on merits open, the writ petition is
disposed of in the aforesaid terms. Rule accordingly. No costs
[ M. W. CHANDWANI, J. ] [ A. S. CHANDURKAR, J. ]
khj
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