Bombay High Court
Mozari Sewa Sahakari Society, Thr. ... vs State Of Maha., Thr. Prin. Secy., ... on 6 April, 2023
Author: A.S. Chandurkar
Bench: A. S. Chandurkar, M. W. Chandwani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2266 OF 2023
1) MOZARI SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.15, through its
President Mr. Premraj S/o.
Chandrabhanji Banarase, Aged - 55
Years, having office At Post - Mozari,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
2) VARKHED SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.1058, through
its President Mr. Shrikantrao S/o.
Bhagwantrao Boke, aged - 53 Years,
having office At Post - Varkhed, Tahsil -
Tiwasa, District - Amravati
(Maharashtra State)
3) SHENDOLA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.204,
through its President Mrs. Vithabai
W/o. Ashokrao Mandavgane, Aged -
65 Years, having office At Post -
Shendola (Kh), Tahsil - Tiwasa, District
- Amravati (Maharashtra State)
4) FATTEPUR SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.1057, through
its President Mr. Nareshrao S/o.
Tulsiram Lahane, Aged - 48 Years,
having office At Post - Shivangaon,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
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5) VARAHA SEWA SAHAKARI SOCIETY, A
registered Co-operative Society, bearing
Registration No.839, through its Vice
President Mr.Ranjit S/o. Chakradharrao
Adsad, Aged-50 Years, having office At
Post - Malegaon, Tahsil - Tiwasa,
District - Amravati (Maharashtra State)
6) MARDI SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.713, through
its President Mr. Umesh S/o
Namdeorao Kalamkar, Aged -50 Years,
having office At Post - Divankhed,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
7) KAUDANYAPUR SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1121,
through its President Mr.Bharat S/o
Bajiraoji Dhole, Aged-59 Years, having
office At Post - Jahagirpur, Tahsil -
Tiwasa, District - Amravati
(Maharashtra State)
8) SHENDURJANA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1052,
through its President Mr.Haribhau S/o
Ukhandrao Pachghare, Aged-63 Years,
having office At Post - Shendurjana
(Kh), Tahsil - Tiwasa, District -
Amravati (Maharashtra State)
9) MASADI SEWA SAHAKARI SOCIETY,
A registered Co-operative Society,
bearing Registration No.1170, through
its President Mr. Ashish S/o
Manoharrao Polhad, Aged - 39 Years,
having office At Post - Anjanwati,
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Tahsil - Dhamangao Railway, District -
Amravati (Maharashtra State)
10) NIMBHORA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.501,
through its President Mr.Anil S/o
Pundlikrao Punse, Aged - 48 Years,
having office At Post - Nimbhora,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
11) BHAMBORA SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.446,
through its Vice President Mr.Mangesh
S/o Madhukarrao Polhad, Aged - 42
years, having office At Post -
Kavadgavan, Tahsil - Tiwasa, District -
Amravati (Maharashtra State)
12) SATARGAON SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1017,
through its President Mr.Vivekrao S/o
Baburao Deshmukh, Aged - 48 Years,
having office At Post - Satargaon,
Tahsil - Tiwasa, District - Amravati
(Maharashtra State)
13) MAMDAPUR SEWA SAHAKARI
SOCIETY, A registered Co-operative
Society, bearing Registration No.1050,
through its President Mr. Radheshyam
S/o Janraoji Mahatme, Aged - 44
Years, having office At Post -
Satargaon, Tahsil - Tiwasa, District -
Amravati (Maharashtra State)
...Petitioners
Versus
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1) STATE OF MAHARASHTRA, Through
Principal Secretary, Ministry/
Department of Co-operation, Marketing
& Textiles, Mantralaya, Mumbai - 400
032
2) THE CO-OPERATIVE COMMISSIONER
& REGISTRAR, CO-OPERATIVE
SOCIETIES MAHARASHTRA STATE
having office at 5-B.J.Road, New
Central Building, Pune - 411001
(Maharashtra State) Email ID -
[email protected]
3) THE DISTRICT DEPUTY REGISTRAR,
CO-OPERATIVE SOCIETIES,
AMRAVATI, having office at Sahakar
Sankul, Kantanagar, Amravati, Tahsil &
District - Amravati, (Maharashtra
State) Email ID -
[email protected]
4) THE ASSISTANT REGISTRAR, CO-
OPERATIVE SOCIETIES, TIWASA,
having office at New Administrative
Building, Tahsil Office Campus, Tiwasa,
Taluka-Tiwasa, District - Amravati
(Maharashtra State)
Email ID - [email protected]
... Respondents
-------------------------------------------------------------------------------------------------
Smt. Ayushi Dangre-Tripathi, Advocate for petitioners.
Shri. A. A. Madiwale, Assistant Government Pleader for
respondents.
-------------------------------------------------------------------------------------------------
CORAM : A. S. CHANDURKAR AND
M. W. CHANDWANI, JJ.
DATED : APRIL 6, 2023
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ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :
Rule. Rule is made returnable forthwith.
Shri Madiwale, learned Assistant Government Pleader waives notice for the respondents.
(2) The challenge raised in this writ petition is to the Show Cause Notices 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. (3) 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 liquidate such societies. On the basis of PAGE 5 OF 7 ::: Uploaded on - 06/04/2023 ::: Downloaded on - 08/04/2023 02:11:27 ::: wp2266.2023.odt extraneous considerations, the impugned show cause notices have been issued.
(4) We find that under the Show Cause Notices, the Societies were called upon to submit their say and it is submitted that such replies have been submitted by the Societies. (5) 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. (6) We are inclined to follow the similar course. Accordingly, the following order is passed :
ORDER
(i) It is open for the respondent no.4 to consider the reply given by each Cooperative Society to the impugned Show Cause PAGE 6 OF 7 ::: Uploaded on - 06/04/2023 ::: Downloaded on - 08/04/2023 02:11:27 ::: wp2266.2023.odt Notices issued to them.
(ii) In case any order adverse to the societies is passed in view of the impugned show cause notices, 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 the aforesaid terms. Rule accordingly. No costs [ M. W. CHANDWANI, J. ] [ A. S. CHANDURKAR, J. ] khj PAGE 7 OF 7 ::: Uploaded on - 06/04/2023 ::: Downloaded on - 08/04/2023 02:11:27 :::