Bombay High Court
Ishwar S/O Bajirao Bawane vs State Of Maha. Thr. Commissioner Of ... on 2 September, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 230/2023
Ishwar S/o Bajirao Bawane
Vs.
State of Maharashtra through its Commissioner of Fisheries cum
Special Registrar, Co-operative Societies (Fisheries) and others
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. O.A. Ghare, Advocate for Petitioner
Mr. M.J. Khan, AGP for Respondent Nos.1 to 3
Mr. S.B. Gandhi, Advocate for Respondent No.4
CORAM: AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ.
DATED : 2nd SEPTEMBER, 2024
1. In view of the order dated 19.08.2024,
Mr. Ghare, learned counsel for the petitioner has
invited our attention to the judgment of Hon'ble
Apex Court in Chintapalli Agency Taluk Arrack
Salfs Cooperative Society Ltd. and others Vs.
Secretary (Food and Agriculture) Government of
Andhra Pradesh and others, (1977) 4 SCC 337,
in which the following has been held.
"16. We may first examine the
scheme of the present Act with which we
are concerned. The appointment of the
Registrar and "other persons" is provided
for under Section 3(1). Under Section
3(2) "every other person appointed under
sub-section (1)" shall exercise such
powers of the Registrar under the Act as
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the Government may confer on him
"under the general superintendence of
the, Registrar". It is, therefore, clear that
the Deputy Registrar belongs to the
category of "other persons" appointed
under sub-section (1) of Section 3. When,
therefore, powers of the, Registrar are
conferred upon him he has to act "under
the general superintendence of the
Registrar" as specifically mentioned in
subsection (2) of Section 3.
17. Again, we may refer to Section
76 of the Act which provides for appeal.
Under Section 76(2) any person or
society aggrieved by any decision under
Section 6, refusal to register a society
under Section 7 or amendment of the
bye-laws under Section 16, etc. may
appeal to the Government if the order is
passed by the Registrar (Section 76(2)(i)]
and to the Registrar if the decision is of
any other person [Section 76(2)(ii)]. The
Explanation in sub-section (2) of Section
76 provides that the Registrar includes
the Additional Registrar, the Joint
Registrar, the District Collector and the
Special Cadre Deputy Registrar working
as Personal Assistant to the Collector, but
not the Deputy Registrar of Cooperative
Societies in charge of the Divisions. Thus
under the scheme of the Act "any other
person" appointed under Section 3(1) on
whom Government confers powers under
Section 3(2) is not equated with the
Registrar. It is manifest that the Deputy
Registrar is an officer sub-ordinate to the
Registrar for all purposes and has to act
under the supervision of the Registrar.
Any order passed by the Deputy Registrar
of Cooperative Societies under Section 16
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is appellable to the Registrar under
Section 76(2)(ii)."
2. The learned counsel for the petitioner,
therefore, submits, that since the order herein
has been passed by the Deputy Registrar, he
would come within the expression "other
persons" as contained in Section 3 of the
Maharashtra Co-operative Societies Act and,
therefore, would be covered by what has been
held in Chintapalli Agency Taluk Arrack Salfs
Cooperative Society Ltd. and others Vs.
Secretary (Food and Agriculture) Government of
Andhra Pradesh (supra), in view of which, he
does not press the objection regarding the
authority of the Registrar to entertain the
revision against that order.
2. List the petition on 03.09.2024.
(SMT. M.S.JAWALKAR,J.) (AVINASH G. GHAROTE,J.)
MP Deshpande
Signed by: Mr. M.P. Deshpande
Designation: PA To Honourable Judge
Date: 02/09/2024 16:58:30
