Bombay High Court
Pandurang S/O Mahade Shejole vs The Divisional Joint Registrar, ... on 3 December, 2020
Author: Manish Pitale
Bench: Manish Pitale
1/4 05-WPST 11758.2020 + 5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION (St.) NO. 11758 OF 2020
Pandurang s/o. Mahadeo Shejole and another
vs.
The Divisional Joint Registrar, Co-operative Societies and others
WRIT PETITION (St.) NO. 11759 OF 2020
Pandurang s/o. Mahadeo Shejole and another
vs.
The Divisional Joint Registrar, Co-operative Societies and others
WRIT PETITION (St.) NO. 11761 OF 2020
Pandurang s/o. Mahadeo Shejole and another
vs.
The Divisional Joint Registrar, Co-operative Societies and others
WRIT PETITION (St.) NO. 11763 OF 2020
Pandurang s/o. Mahadeo Shejole and another
vs.
The Divisional Joint Registrar, Co-operative Societies and others
WRIT PETITION (St.) NO. 11764 OF 2020
Pandurang s/o. Mahadeo Shejole and another
vs.
The Divisional Joint Registrar, Co-operative Societies and others
WRIT PETITION (St.) NO. 11765 OF 2020
Pandurang s/o. Mahadeo Shejole and another
vs.
The Divisional Joint Registrar, Co-operative Societies and others
--------------------------------------------------------------------------------------------
Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
---------------------------------------------------------------------------------------------
::: Uploaded on - 03/12/2020 ::: Downloaded on - 04/12/2020 06:55:25 :::2/4 05-WPST 11758.2020 + 5 Mr. C. R. Sharma, counsel for the petitioners in all these petitions. Mr. A. R. Chutke, AGP for respondent Nos. 1 and 2. Mr. P. S. Kshirsagar, counsel for respondent Nos.3 and 4.
CORAM : MANISH PITALE J.
DATED : 03/12/2020 Heard learned counsel for the petitioners in all these writ petitions.
2. The petitioners are aggrieved by interim orders dated 10/11/2020 passed by the respondent No.1 Divisional Joint Registrar Co-operative Societies, Amravati Division. These interim orders have been passed in appeals filed by the 4 th respondents in these writ petitions. The respondent No.1 has granted stay to orders passed by the respondent No.2 District Deputy Registrar, Co-operative Societies whereby the 4th respondents in these writ petitions were found to be disqualified to hold the post of Director of the Agricultural Produce Marketing Committee (APMC), Shegaon.
3. The principal issue involved in these matters is the disqualification of the 4th respondents in these writ petitions due to the fact that they lost their status as Members of the Agricultural Primary Societies whom they represented in the APMC, Shegaon. Such status has been lost by the 4th respondents in these writ petitions due to the fact that the Agricultural Primary Societies were amalgamated and they stood de-registered as per ::: Uploaded on - 03/12/2020 ::: Downloaded on - 04/12/2020 06:55:25 ::: 3/4 05-WPST 11758.2020 + 5 order passed by Assistant Registrar Co-operative Societies, Shegaon. There is no dispute about the fact that the issue as to whether such disqualification should follow in terms of the provisions of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 and the relevant Rules framed thereunder, has been referred to larger Bench by order dated 08/11/2019 passed by a learned single judge of this Court in Writ Petition No. 4030/2018. Such reference was necessitated in view of cleavage of opinion in earlier judgments of this Court noted by the learned single Judge of this Court.
4. The learned counsel for the petitioners submits that the impugned orders have been passed by the respondent No.1 on the erroneous basis that even prima facie it does appear that the registration of the Agricultural Primary Societies, of which the 4th respondents in these writ petitions were Members, stood cancelled. It is submitted that this has led to blanket interim relief/stay erroneously granted by the respondent No.1 in favour of the 4th respondents in these petitions.
5. A perusal of the material on record indeed prima facie shows that the respondent No.1 could not have passed such blanket orders of interim stay in the facts and circumstances of these cases and in view of the controversy raging in respect of interpretation of the said statutory provisions.
::: Uploaded on - 03/12/2020 ::: Downloaded on - 04/12/2020 06:55:25 :::4/4 05-WPST 11758.2020 + 5
6. In view of the above, issue notice for final disposal, returnable in the week commencing 11th January, 2021. Mr. Chutke, learned AGP waives notice on behalf of respondent Nos.1 and 2 in all these writ petitions and Mr. Kshirsagar, learned counsel waives notice on behalf of respondent Nos.3 and 4 in all these writ petitions.
7. In the peculiar facts and circumstances of these cases, by way of interim order, it is directed that during the pendency of these writ petitions, the Board of Directors of APMC, Shegaon will not take any policy decisions and that decisions may be taken in respect of only routine day to day matters concerning the APMC.
8. It is further directed that the respondent No.1 shall make an endeavour to dispose of the appeals filed by the 4th respondents in these writ petitions, as expeditiously as possible, and in any case on or before 5 th January, 2021.
JUDGE KOLHE/P.A. ::: Uploaded on - 03/12/2020 ::: Downloaded on - 04/12/2020 06:55:25 :::