Dhanwantari Sahakari Gruhnirman ... vs The Assistant Registrar Cooperative ...
2024 Latest Caselaw 1958 Bom

Bombay High Court

Dhanwantari Sahakari Gruhnirman ... vs The Assistant Registrar Cooperative ... on 23 January, 2024

                                  1                   901-WP-3149-23.odt




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD


                   WRIT PETITION NO. 3149 OF 2023

     DHANWANTARI SAHAKARI GRUHNIRMAN SANSTHA MARYADIT
       THROUGH ITS SECRETARY NAZEER SAHEBLAL INAMDAR
                              VERSUS
      THE ASSISTANT REGISTRAR COOPERATIVE SOCIETIES AND
                             ANOTHER
                                  ...
          Advocate for the Petitioner : Mr. Shyam C. Arora
         AGP for Respondents No.1 and 2 : Mr. A. S. Shinde
          Advocate for Respondent No.3 : Mr. S. B. Solanke
                                  ...
                                WITH
                 WRIT PETITION NO. 3148 OF 2023
                                  ...

                                      CORAM : S. G. MEHARE, J.

DATE : 23-01-2024 PER COURT :-

1. Heard the learned counsel for the applicant and learned

A.G.P.

2. The issue about delegation of powers to the authority has

been involved.

3. Learned A.G.P. relied on two judgments of this Court passed

in the cases of (i) Bajarang Labour Co-operative Society and others

versus Divisional Joint Registrar of Co-operative Societies and

others, 2016(2) Bom.C.R. 328 and (ii) Ravi Vishwanth Ghumre

versus Divisional Joint Registrar, Maharashtra Co-operative Society

2 901-WP-3149-23.odt

and others, 2021 DGLS (Bom) 1989 and submitted that the powers

of the Registrar have been delegated. At Taluka level the powers

are delegated to the Assistant Registrar and at district level to the

District Deputy Registrar, by a Notifcation dated 11.09.2012. In

the case of Bajarang (supra), the notifcation dated 11.09.2012

has been considered.

4. Learned counsel for the petitioner submitted that the

judgment in the case of Smt. Shireen Sami Gadiali Vs. Spenta

Co.op. Hsg. Soc. Ltd., 2011(3) Bom.C.R. 456 (Full Bench) would

prevail over these two cases. However, the learned A.G.P. would

point out that the said case has also been considered in the case

of Bajrang (supra). There are two similar judgments directly on

the point involved in this case. Now, the learned counsel for the

petitioner seeks time to go through the Government resolution

dated 11.09.2012.

5. At his request, stand over to 14.02.2024.

( S. G. MEHARE ) JUDGE

rrd