Surji Seva Sahakari Society Ltd. ... vs Commissioner Co-Operation And ...
2023 Latest Caselaw 3265 Bom

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         NAGPUR BENCH AT NAGPUR

(1) WRIT PETITION NO.2109 OF 2023

Dahigaon Seva Sahakari Society Ltd.
Regd. No. 603 through its Secretary
Shankar Dinesh Jumale
Age-30, Occu : Agriculturist
R/o. Dahigaon, Tq. Anjangao Surji,
Dist. Amravati.                                       ..             Petitioner

                                .. Versus ..

1] Commissioner Co-operation &
   Registrar, Co-operative Society
   Maharashtra State, Pune
   (Maharashtra)

2] District Deputy Registrar,
   Co-operative Society, Amravati,
   Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative
   Society, Anjangao Surji,
   Tq. Anjangao Surji, Dist.Amravati                  ..          Respondents

                                .......

(2) WRIT PETITION NO.2110 OF 2023

Chousala Seva Sahakari Society Ltd. Regd. No. 471 through its Secretary Shankar Dinesh Jumale Age-30, Occu : Agriculturist R/o. Chousala, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

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2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents

..........

(3) WRIT PETITION NO.2111 OF 2023

Pandhari Seva Sahakari Society Ltd. Regd. No. 949 through its Secretary Shankar Dinesh Jumale Age-30, Occu : Agriculturist R/o. Pandhari, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents

..........

(4) WRIT PETITION NO.2112 OF 2023

Dhanwadi Seva Sahakari Society Ltd. Regd. No. 707 through its President Ishawar Shrikrushna Sadafale Age-35, Occu : Agriculturist

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R/o. Dhanwadi, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents

..........

(5) WRIT PETITION NO.2113 OF 2023

Dahigaon Seva Sahakari Society Ltd. Regd. No. 604 through its Secretary Shankar Dinesh Bombatkar Age-25, Occu : Agriculturist R/o. Dahigaon, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents

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(6) WRIT PETITION NO.2114 OF 2023

Karla Seva Sahakari Society Ltd. Regd. No. 689 through its President Balkrushna Ramrao Tolmare Age-38, Occu : Agriculturist R/o. Karla, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents

..........

(7) WRIT PETITION NO.2115 OF 2023

Wanoja Seva Sahakari Society Ltd. Regd. No. 514 through its President Nilesh Ramdas Patond Age-48, Occu : Agriculturist R/o. Wanoja, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

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2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents

..........

(8) WRIT PETITION NO.2116 OF 2023

Surji Seva Sahakari Society Ltd. Regd. No. 449 through its Secretary Bhupendra Devidasji Deshmukh Age-35, Occu : Agriculturist R/o. Anjangaon Surji, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents ..........

(9) WRIT PETITION NO.2117 OF 2023

Songaon Seva Sahakari Society Ltd. Regd. No. 381 through its President Sau. Mangala Vilas Pote Age-52, Occu : Household R/o. Songao, Tq. Anjangao Surji, Dist. Amravati. .. Petitioner

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.. Versus ..

1] Commissioner Co-operation & Registrar, Co-operative Society Maharashtra State, Pune (Maharashtra)

2] District Deputy Registrar, Co-operative Society, Amravati, Tq. Dist.Amravati.

3] Assistant Registrar, Co-operative Society, Anjangao Surji, Tq. Anjangao Surji, Dist.Amravati .. Respondents

..........

Shri T.U. Tathod, Adv. with Shri N.A. Gawande, Adv. for the petitioners, Shri A.A. Madiwale, Assistant Government Pleader for the respondents.

..........

(10) WRIT PETITION NO.1833 OF 2023

1] Naygaon Seva Sahakar Sanstha Maryadit, Reg. No.316, Through its President Shri Ashish s/o Ganeshrao Hood, Age 42 years, Occ-Agriculturist, R/o. Naygaon, Taluka-Achalpur, District-Amravati.

2] Shampur Seva Sahakari Sanstha Maryadit, Reg. No.716, Through its President Shri Nandkishor s/o Bapuraoji Turkhade, Age 62 years, Occ-Agriculturist, R/o. Shampur, Taluka-Achalpur, District-Amravati.

3] Borgaon Dori Seva Sahakari Sanstha Maryadit, Reg. No. 657, Through its President Shri Ashok s/o Babaraoji Jawanjal, Age 59 years, Occ-Agriculturist, R/o. Borgaon Dori, Taluka-Achalpur, District-Amravati. .. Petitioners

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.. Versus ..

1] The State of Maharashtra, Through Commissioner of Co-operative Societies, Pune.

2] The District Deputy Registrar of Co-operative Societies, Amravati.

3] The Assistant Registrar, Co-operative Societies, Taluka-Achalpur, District-Amravati. .. Respondents

..........

Shri S.S. Shingane, for the petitioners, Shri A.A. Madiwale, Assistant Government Pleader for the respondents.

..........

CORAM : A.S. CHANDURKAR AND M.W. CHANDWANI, JJ. DATED : 31.03.2023.

COMMON JUDGMENT (Per : A.S. Chandurkar, J.)

Writ Petition Nos.2110/2023, 2111/2023, 2112/2023, 2113/2023,

2114/2023, 2115/2023, 2116/2023, 2117/2023 and 1833/2023 are not on

Board. Taken on Board.

2. Rule. Rule made returnable forthwith. Learned Assistant

Government Pleader waives notice for the respondents.

3. The challenge raised in these writ petitions is to the Show Cause

Notice issued to each petitioner-Cooperative Society under Section 102

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(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 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 on 05.04.2023. 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

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show cause notice, protection for a period of two weeks from passing of

an adverse 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.

                     JUDGE                                     JUDGE
Gulande