Bombay High Court
Anand Nandkumar Kale vs Divisional Joint Registrar, ... on 20 August, 2025
1 wp 4682.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.4682/2025
Anand V Div. Joint Registrar, Cooperative Societies, Amravati and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Khapre, Senior Advocate a/b Mr. P.A. Kadu, Advocate for petitioner.
Mr. Ghuge, Advocate h/f Mr. N.A. Gawande, Advocate for Caveator/resp. nos.2 to 12.
Ms. P.C. Bawankule, AGP for resp. no.1.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 20-08-2025.
Heard Mr. Khapre, learned Senior Advocate, Mr. Ghuge,
learned Advocate holding for Mr. N.A. Gawande, Advocate for
respondent nos. 2 to 12 and Ms Bawankule, learned AGP for
respondent no.1.
2. Learned Counsel for the petitioner seeks liberty to
amend prayer clause-(i) to restrict challenge to show cause notice
dated 30-06-2025 and consequential proceedings.
3. Leave granted. Amendment be carried out forthwith.
4. Petitioner has challenged show cause notice dated
30-06-2025 issued by respondent no.1-Divisional Joint Registrar,
Cooperative Societies, Amravati under Section 73CA of the
Maharashtra Cooperative Societies Act, 1960 (for short, 'the Act').
On the objection of maintainability of petition on account of
challenge to the show cause notice, learned Counsel for the
petitioner relies upon judgment in the matter Smt. Jyoti w/o Anil
Ganeshpure Vs State of Maharashtra and others , reported in
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2006(2) ALL MR 196 and submits that show cause notice is in the
nature of an order and therefore the petition is maintainable.
5. It is submitted that show cause notice under Section
73CA of the Act is unsustainable since there is no material to attract
the provisions of Section 73CA, A(1), c(i)(ii) of the Act. It is
submitted that show cause notice is issued on the basis of a
resolution by the Committee refusing approval of travelling
expenses incurred by the petitioner. It is therefore submitted that
there is no foundation for issuing show cause notice under Section
73CA of the Act and the consequential proceedings are therefore
not maintainable
6. Mr. Ghuge, learned Counsel for the respondents
strongly opposes the petition and submits that the petitioner has
appeared before respondent no.1 Authority by engaging an Advocate
and has sought time to submit reply on merits to the show cause
notice. It is therefore submitted that since the petitioner has already
joined the proceedings, the challenge to the show cause notice by
way of this petition need not be entertained.
7. In view of the controversy involved, since the
proceedings before respondent no.1 are pending and the petitioner
has participated and sought time to file reply on merits and by
considering the facts and circumstances of the case following order
is passed:
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8. The petitioner is permitted to raise a preliminary
objection about the conduct of the proceedings under Section 73CA
of the Act before respondent no.1 by filing appropriate
objections/reply(s) within 10 days from today. On submission of
such objection, respondent no.1 shall take decision on the
preliminary objection within a further period of 10 days.
9. In case any adverse order is passed on the issue of
maintainability of proceedings under Section 73CA of the Act, the
petitioner will be entitled to raise challenge by way of appropriate
proceedings, however same shall not be given effect for a period of
10 days from the date of said order.
10. Writ Petition is accordingly disposed of.
(Prafulla S. Khubalkar, J.)
Deshmukh
Signed by: Mr. S.Deshmukh
Designation: PS To Honourable Judge
Date: 20/08/2025 19:04:29
