Bombay High Court
Dattapur Seva Sahakari Society ... vs Commissioner For Cooperation And ... on 15 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:13850-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6256 OF 2023
1 Dattapur Seva Sahakari Society Ltd.
Regd.No.1163, through its President
Nandkishor Fulchand Rathi, Age 63,
Occup. Agriculturist R/o. Dattapur, Tq.
Dhamangaon Rly,Dist.Amravati.
2 Dattapur Seva Sahakari Society Ltd.
Regd.No.1163 through its Secretary
Dashrath Gulabrao Bagade Age 57, Occup.
Agriculturist R/o. Dattapur, Tq.
Dhamangaon Rly, Dist.Amravati. Petitioners
-Versus-
1. Commissioner for Cooperation and
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,
Dhamangaon Rly, Tq. Dhamangaon Rly,
Dist.Amravati. Respondents
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Mr. N.A.Gawande, counsel for the petitioners.
Ms S.S.Jachak, AGP for the respondents.
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CORAM : A.S.CHANDURKAR AND
MRS.VRUSHALI V.JOSHI, JJ.
DATE : 15th September, 2023
ORAL JUDGMENT (Per : A. S. Chandurkar, J.)
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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
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
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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
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
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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: 16/09/2023 12:15:22 KAVITA
