Jasbhai Motibhai Desai vs Roshan Kumar, Haji Bashir Ahmed & Ors on 19 December, 1975
"2. The question arises in this case in regard to
the affairs of the Kasaragod Co-operative Land
Mortgage Bank, whose area of operation falls in part
within the area of opration of the Hosdurg Taluk Land
Mortgage Bank, which has been directed to be
registered under Sec.7(1) of the Co-operative Societies
Act. The contention raised by the petitioner's counsel
is that the Registrar (in this case actually the action
was taken by the Deputy Registrar) has not applied his
mind to, or been satisfied about, the condition under
Sec.7(1)(c) of the Act namely that the areas of the two
Societies should not overlap before registration could
be granted. For the one thing, we are not prepared to
accept this on the averment of the petitioner, for
another, assuming that this is so, and that he granted
registration overlooking this requirement, it appears to
us that a Society like the petitioner cannot have any
legal grievance against the action which can be
redressed under Art.226. To that effect is the recent
decision of the Supreme Court in J.M. Desai v. Roshan
Kumar (AIR 1976 SC 578)."