Bombay High Court
Shri Laxminarayan Gruha Nirman Sah. ... vs Assistant Registrar, Co-Op. ... on 20 June, 2025
2025:BHC-NAG:5690
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1752 OF 2019
Laxminarayan Gruha Nirman Sahakari
Sanshta Ltd. Chandrapur, through its
Secretary, Shri. Ashwin Wasudeo Gargelwar,
Age 40 yrs, Occup. Service, R/o Vithal
Mandir Ward, Chandrapur Tah. Dist.
Petitioner
Chandrapur.
-Versus-
1. Assistant Registrar, Co-op. Societies, Taluka
Chandrapur, Tq. And Dist. Chandrapur.
Govt. Complex Dist. Court premises
Chandrapur.
2. B.D.Shrikondawar, Liquidator, Respondents
Shri.Laxminarayan Gruha Nirman Sahakari
Sanstha, Chandrapur, Office of the Special
Auditor. Class-I, Co.operative Societies,
Chandrapur, Tq. and Distt. Chandrapur.
3. The Divisional Joint Registrar, Co-operative
Societies, Dhanwate Chambers, Sitabuldi,
Nagpur, Tq. And Dist. Nagpur.
4. Shri.Sudhir Mungantiwar, Guardian Minister,
Distt. Chandrapur, Tq. And Dist. Chandrapur.
5. Leelabai Bapurao Navle, Age adult, R/o C/o
Adv.Pravin Bapurao Navle, Disha Apartment,
Ist Floor, near Gajanan Mandir, Sneh Nagar,
Chandrapur-442401.
----------------------------------------------------------------------------------------
Mr.Y.N.Thengri Adv for the Petitioner.
Mr. H.D.Marathe, AGP for respondent Nos.1 and 3.
Ms. Kashmira Lambat counsel for respondent Nos.2,4 and 5
---------------------------------------------------------------------------------------
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 20/06/2025.
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JUDGMENT :
-
1) Heard.
2) Rule. Rule made returnable forthwith. By consent of the
learned Counsel for the parties, the Writ Petition is heard finally.
3) The petitioner has challenged the quashing and setting aside of
the order dated 22.12.2015 passed by the respondent No.1, whereby
putting the petitioner society in liquidation under Section 102 of
Maharashtra Co-operative Societies Act,1960 (for short the Act of
1960). The petitioner has also sought relief for implementing the
directions issued by this Court and the Hon'ble Apex Court vide order
dated 06.03.2012 and 20.2.2017.
4) The learned counsel appearing for the petitioner has stated
that the issue is covered by the order passed by this Court in Writ
Petition No.7342 of 2018 ( Janardan Bhikaji Gawade Vs. State of
Maharashtra and ors. and the judgment of this court in the case of Late
Rajiv Gandhi Macchimar Sahakari Sanstha Maryadit, Didola Bk. Vs.
Deputy Registrar, Co-operative Societies (Fishery), Mumbai and ors.
[2015(4) Mh.L.J.492].
5) On 17/06/2015, the survey was conducted to know the running
status of the registered Society in the State and auditor
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B.D.Srikondawar, was appointed and visited the petitioner society on
21/08/2015 and submitted her report. In the said report, the auditor
noted that the petitioner society had stopped functioning and that the
petitioner society had not got its record audited since its inception i.e.
date of registration and no record was available with any office bearer of
petitioner society, for inspection. The show cause notice was issued to
the society after receipt of said audit report, the society did not submit
reply to said notice and interim order of 05.11.2015. Thereafter, on
07/12/2015 they admitted that no record was available with them.
Therefore, the order for liquidation under Section 102 of the Act of
1960 came to be issued on 22/12/2015 by which the earlier order of
liquidation was confirmed and the administrator was appointed.
However, on perusal of said order, it appears that it was passed by the
Assistant Registrar, Chandrapur. The learned counsel appearing for the
petitioner has submitted that the Assistant Registrar has no powers to
pass the order of liquidation.
6) The learned Assistant Government Pleader has stated that the
order is appellable. Alternate remedy is available to the petitioner.
Hence, prayed to dismiss the writ petition.
7) However, in view of submission of learned counsel appearing for
the petitioner that the order impugned is without jurisdiction, the
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petition is heard on merits. As per Section 102 the Act of 1960, it
appears that the Registrar has powers to pass the order of liquidation
and it appears that as per annexure-J, it is passed by the Assistant
Registrar, Chandrapur. As per Section 21-A (5) of the Act of 1960, the
power can be exercised, not by the Assistant Registrar, but by an officer
not below the rank of a Joint Registrar of Co-operative Societies. The
reliance is placed on the provisions of Sub-section (5) of the Section
21A of the Act of 1960 which reads thus:-
"(5) The powers of the Registrar under Sub-
sections (1) and (2) shall not be exercised by any
[Officer below the rank of a Joint Registrar of Co-
operative Societies.]"
8) This Court by relying on the judgment in the case of late
Rajiv Gandhi Macchimar Sahakari Sanstha Maryadit, Didola Bk. Vs.
Deputy Registrar, Co-operative Societies (Fishery), Mumbai and ors
(supra), wherein it is observed in paragraph Nos.4 and 5 that:-
4. The respondents have placed reliance
upon the notification dated 30th March,
2000, issued under Section 3 of the said
Act, which confers all the powers of
Registrar under the Act and the Rules upon
the Deputy Registrar, Co-operative
Societies, except in respect of the matters
stipulated therein. It is not in dispute that
Section 21-A is not the matter stipulated
therein so as to exclude the jurisdiction of
delegated powers of Registrar being
exercised by the Deputy Registrar. It is,
therefore, urged that the Deputy Registrar
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was, therefore, competent to exercise the
powers under sub-section (5) of Section 21-
A of the said Act.
5] Section 3 of the said Act under which
the notification was issued on 30th March,
2000, regarding delegation of powers does
not start with non-obstante clause as has
been rightly urged by Shri P.B.Patil,
Advocate. It does not, therefore, include the
provision of sub-section (5) of Section 21-A
of the said Act. The power under sub-
section (5) of Section 21-A cannot be
exercised by an officer below the rank of
Joint Registrar of Cooperative Societies and
Section 3 of the said Act does not confer
powers under the State Government to
delegate the powers of Joint Registrar of
Cooperative Societies under sub-section (5)
of Section 21-A upon the Deputy Registrar
of the Cooperative Societies. The exercise
of jurisdiction under Section 21-A by the
impugned orders cannot, therefore, be
sustained".
9) Though the learned AGP has argued that there is alternate
remedy to challenge the said order, as the order is not passed by the
competent authority and the issue is covered in view of it, I agree with
the order passed by this Court. Hence the writ petition will have to be
allowed. The order impugned is quashed. The appropriate authority is,
however, at liberty to initiate, action for de-registration, if deemed fit,
and in accordance with law.
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10) The writ petition is allowed in the aforestated terms.
11) Rule is made absolute in above terms.
(MRS.VRUSHALI V. JOSHI, J)
Signed by: Kavita P Tayade
Designation: PS To Honourable Judge
Date: 20/06/2025 16:57:18 Kavita
