Bombay High Court
Vividh Karyakari Seva Sahkari ... vs State Of Maha., Thr. Secretary ... on 30 August, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:13036-DB
20-WP5623.23-J- 1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5623 OF 2023
1. Vividh Karyakari Seva Sahakari Society Petitioners
Ltd., Bangaon having Reg. No.974 through
its President Tq. Amgaon Dist. Gondia.
2. Vividh Karyakari Seva Sahakari Society
Ltd., Birsi having Reg. No.63 through its
President Tq. Amgaon Dist. Gondia.
3. Vividh Karyakari Seva Sahakari Society
Ltd., Bothali having Reg. No.326 through
its President Tq. Amgaon Dist. Gondia.
4. Vividh Karyakari Seva Sahakari Society
Ltd., Chirchalbandh having Reg. No.976
through its President Tq. Amgaon Dist.
Gondia.
5. Vividh Karyakari Seva Sahakari Society
Ltd., Nangpura having Reg. No.331
through its President Tq. Amgaon Dist.
Gondia.
6. Vividh Karyakari Seva Sahakari Society
Ltd., Kindagipar having Reg. No.133
through its President Tq. Amgaon Dist.
Gondia.
7. Vividh Karyakari Seva Sahakari Society
Ltd., Goratha having Reg. No.115 through
its President Tq. Amgaon Dist. Gondia.
8. Vividh Karyakari Seva Sahakari Society
Ltd., Wadad having Reg. No.508 through
its President Tq. Amgaon Dist. Gondia.
9. Vividh Karyakari Seva Sahakari Society
Ltd., Kavadi having Reg. No.271 through
its President Tq. Amgaon Dist. Gondia.
KAVITA
20-WP5623.23-J- 2/6
10. Vividh Karyakari Seva Sahakari Society
Ltd., Padampur having Reg. No.374
through its President Tq. Amgaon Dist.
Gondia.
11. Vividh Karyakari Seva Sahakari Society
Ltd., Bamhani having Reg. No.281
through its President Tq. Amgaon Dist.
Gondia.
12. Vividh Karyakari Seva Sahakari Society
Ltd., Borkanhar having Reg. No.260
through its President Tq. Amgaon Dist.
Gondia.
13. Vividh Karyakari Seva Sahakari Society
Ltd., Pipartola having Reg. No.1105
through its President Tq. Amgaon Dist.
Gondia.
14. Vividh Karyakari Seva Sahakari Society
Ltd., Anjora having Reg. No.228 through
its President Tq. Amgaon Dist. Gondia.
15. Vividh Karyakari Seva Sahakari Society
Ltd., Karanji having Reg. No.1130 through
its President Tq. Amgaon Dist. Gondia.
16. Vividh Karyakari Seva Sahakari Society Deleted.
Ltd., Mundikota having Reg. No.567
through its President Tq. Amgaon Dist.
Gondia.
17. Vividh Karyakari Seva Sahakari Society
Ltd., Risama having Reg. No.260 through
its President Tq. Amgaon Dist. Gondia.
18. Vividh Karyakari Seva Sahakari Society
Ltd., Darbada having Reg. No.1049
through its President Tq. Salekasa Dist.
Gondia.
19. Vividh Karyakari Seva Sahakari Society
Ltd., Pipartola having Reg. No.265
KAVITA
20-WP5623.23-J- 3/6
through its President Tq. Salekasa Dist.
Gondia.
20. Vividh Karyakari Seva Sahakari Society
Ltd., Dhanoli having Reg. No.699 through
its President Tq. Salekasa Dist. Gondia.
21. Vividh Karyakari Seva Sahakari Society
Ltd., Amgaon Khurd having Reg. No.1026
through its President Tq. Salekasa Dist.
Gondia.
22. Vividh Karyakari Seva Sahakari Society Petitioners
Ltd., Bhajepar having Reg. No.1356
through its President Tq. Salekasa Dist.
Gondia.
-Versus-
1. State of Maharashtra, through its Secretary,
Department Cooperation, Marketing and
Textiles, Mantralaya, Mumbai-32.
2. Commissioner of Cooperation, State of
Maharashtra, Pune, Central Building,
Pune.
3. District Registrar, Cooperative Societies,
Gondia, Tahsil & District Gondia.
4. Assistant Registrar Cooperative Societies,
Amgaon, Tahsil Amgaon, District Gondia.
5. Assistant Registrar, Cooperative Societies, Respondents
Amgaon, Tahsil Salekasa, Dist. Gondia.
-----------------------------------------------------------------------------
Mr. A.M.Ghare, counsel for the petitioners.
Ms N. P. Mehta, AGP for the respondents.
-----------------------------------------------------------------------------
CORAM : A.S.CHANDURKAR AND
MRS.VRUSHALI V.JOSHI, JJ.
DATE : 30TH AUGUST, 2023
KAVITA
20-WP5623.23-J- 4/6
ORAL JUDGMENT (Per : A. S. Chandurkar, J.)
On the motion moved by the learned counsel
appearing for the petitioners, name of petitioner No.16 is
permitted to be deleted.
2. Rule. Rule made returnable forthwith. Learned
Assistant Government Pleader waives service of notice for final
hearing. The petition is heard finally with the consent of the
learned counsel for the parties.
3. The challenge raised in this writ petition is to the
Show Cause Notice 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.
4. 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
KAVITA
20-WP5623.23-J- 5/6
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 extraneous
considerations, the impugned show cause notices have been
issued.
5. We find that under the Show Cause Notices, the
societies were called upon to submit their say within 15 days of
the notices. It is submitted that such replies have been
submitted by the societies.
6. 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
KAVITA
20-WP5623.23-J- 6/6
order has been granted.
7. We are inclined to follow the similar course.
Accordingly, the following order is passed :
ORDER
(i) It is open for the respondent no.3 to
consider the reply given by each Cooperative Society to
the impugned Show Cause Notice issued to them.
(ii) In case any order adverse to the
societies is passed in view of the impugned show cause
notice, 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 aforesaid terms.
Rule accordingly. No costs.
(VRUSHALI V. JOSHI, J) (A.S.CHANDURKAR, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 01/09/2023 17:56:15 KAVITA
