Pak Prakalp Fisheries Business ... vs State Of Maha., Thr. Commissioner ...
2023 Latest Caselaw 10387 Bom

2023:BHC-NAG:14931
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH AT NAGPUR

                           WRIT PETITION NO. 136 OF 2019


         PETITIONER            :        Pak Prakalp Fisheries Business Co-operative
                                        Society Ltd. Khadka, Having its Registration
                                        No. 379, Tehsil : Warud, District Amravati,
                                        Through its President Shri Shankar s/o Arun
                                        Kurwade, Aged about 37 years, Occ. Fishing,
                                        R/o At Post Khadka, Post Bargaon, Taluka :
                                        Morshi, District Amravati

                                           VERSUS

         RESPONDENTS       :       1.   The State of Maharashtra, through
                                        Commissioner of Fisheries Cum Assistant
                                        Registrar Co-operative Societies (Fisheries),
                                        Maharashtra State, Mumbai, Taraporwala
                                        Fish Aquarium, Netaji Subhash Marg,
                                        Charni Road, Mumbai - 02

                                   2.   The Assistant Commissioner of Fisheries,
                                        Amravati Division, Amravati

                                   3.   The Deputy Register Co-operative Societies
                                        (Milk) Amravati Division, Amravati

                                   4.   The Assistant Register, Co-operative
                                        Societies (Pashu, Dugdha and Matsya),
                                        Amravati

                                   5.   Nagthana Fisheries Co-operative Society
                                        Ltd. Warud, Dist. Amravati, Through its
                                        President Shri Arun s/o Gulabrao Pohane,
                                        Aged about 37 years, Occ. Business, R/o
                                        Shaniwarpeth, Sakharpura, Warud, Tah.
                                        Warud, District Amravati.
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Mr. C.R. Sharma, Advocate for the Petitioner
Mrs. S.S. Jachak, A G.P. for respondents / State
Mr. O.A. Ghare, Advocate for Respondent No.5


                      CORAM: AVINASH G. GHAROTE , J.

DATED : 9th OCTOBER, 2023

ORAL JUDGMENT :

Rule. Rule made returnable forthwith. Heard

finally with the consent of learned counsel for the parties.

2. The petition questions the order dated 28/9/2018

(page 49), whereby the registration of the petitioner Society

has been cancelled in exercise of the powers under Section

21-A of the Maharashtra Co-operative Societies Act by the

Additional Registrar. It is contended, that powers under the

provisions of Section 21(A-5) under Sub-Sections 1 and 2 of

Section 21 of the Maharashtra Co-operative Societies Act can

either be exercised by the Registrar or the Jt. Registrar of the

Co-operative Societies. Admittedly, the impugned order has

been passed by the Additional Registrar and, therefore, it is

contended that the order is without jurisdiction. Mr. Ghare,

learned counsel for the respondent No.5 firstly relies upon

the GR dated 30/03/2000 to contend that the powers have

been delegated to the Additional Registrar and, therefore,

exercise of such power cannot be faulted with. He submits 3 21-wp-136-2019-J.odt

that even otherwise since the impugned order has been

passed by the Additional Registrar, he has to be held to be

equivalent to the Jt. Registrar. The learned Assistant

Government Pleader, upon instructions, makes a statement

that the post of Additional Registrar is not equivalent to that

of the Jt. Registrar.

3. Insofar as circular dated 30/3/2000 is concerned,

the same has already been considered by this Court in Late

Rajive Gandhi Macchimar Sahakari Sanstha Maryadit, Didola

Bk. Vs. Deputy Registrar, Co-operative Societies (Fishery),

Mumbai and others 2015(4) Mh.L.J. 492 and it has been held

that the powers under Section 21(5-A) of the aforesaid Act

cannot be exercised by a person below the rank of Jt.

Registrar of Co-operative Societies. Since in that case the

order was passed by the Dy. Registrar, the same was set aside.

In the instant case, the order was passed by the Additional

Registrar. In view of the statement by the learned Assistant

Government Pleader that the posts of Jt. Registrar and

Additional Registrar are not equivalent and nothing else

having been brought to my notice to take a contrary view, the

impugned order cannot be sustained. The same is hereby 4 21-wp-136-2019-J.odt

quashed and set aside. The petition is accordingly allowed in

the above terms. No costs.

Rule is made absolute in the above terms.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 11/10/2023 17:00:55