1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2766 OF 1994 Sadguru Sahakari Dudh Vyavsaik Sanstha Ltd., Joharwadi, Tq. Pathardi, Dist. Ahmednagar. Through its Chairman- Shri. Sitaram Dhanaji Swant. ....Petitioner. Versus 1. The Proposed Krishna Sahakari Dudh Vyavsaik Sanstha Ltd., At Joharwadi, Tq. Pathardi, Dist. Ahmednagar Through its Chief Promotor - Shri. Tulsiram Vishwanath Sawant. 2. Shetkari Sahakari Dudh Utpadak Sanstha Ltd., Joharwadi, Tq. Pathardi, Dist. Ahmednagar, Through its Chairman - Shri. Ramdas Sawant. 3. The Assistant Registrar, Co-operative Societies (Dairy), Ahmednagar, At Ahmednagar, Dist. Ahmednagar. 4. The Divisional Dy. Registrar, Co-operative Societies (Dairy), Nasik Division, Nasik. 5. The State of Maharashtra ....Respondents. Shri. Kadu h/f. Shri. V.D. Hon, Advocate for petitioner. Shri. T.S. Lodhe, A.G.P. for respondent Nos. 3 to 5. 2 WITH WRIT PETITION NO. 4470 OF 1994 Sadguru Sahakari Dudh Vyavsaik Sanstha Ltd., Joharwadi, Tq. Pathardi, Dist. Ahmednagar. Through its Chairman- Shri. Sitaram Dhanaji Swant. ....Petitioner. Versus 1. The State of Maharashtra. 2. The Assistant Registrar, Co-operative Societies (Dairy), Ahmednagar, Dist. Ahmednagar, 3. The Proposed Sahyog Mahila Sahakari Dudh Utpadak Sanstha Ltd. Joharwadi, Post. Khandgaon, Tq. Pathardi,Dist. Ahmednagar Through its Chairman - Sou. Sakharbai Nanasaheb Watekar. 4. Proposed Samarth Mahila Sahakari Dudh Utpadak Sanstha Limited., Joharwadi, Tq. Pathardi, Dist. Ahmednagar Through its Chief Promotor - Smt. Latabai Mhatardeo Sawant. ....Respondents. Shri. Kadu h/f. Shri. V.D. Hon, Advocate for petitioner. Shri. T.S. Lodhe, A.G.P. for respondent Nos. 3 to 5. CORAM : R.K. DESHPANDE, J. DATE : 9th July, 2010. 3 ORAL JUDGMENT : 1. Writ Petition No. 2766/1994 challenges the order dated 6.12.1993, passed by the respondent No. 3 - The Assistant Registrar, Co-operative Societies (Dairy), Ahmednagar. By this order dated 6.12.1993, the respondent No. 1 - Proposed Krushna Sahakari Dudh Vyavsaik Sanstha Ltd. has been granted permission to open the account, on the terms and conditions, reflected in the order. This was the subject matter of challenge in Revision Application No. 14/1993, preferred under section 154 of the Maharashtra Co-operative Societies Act, 1960, by the present petitioner. The said revision has been dismissed by the Divisional Joint Registrar, Co-operative Societies (Dairy), Nasik Division, Nasik, by his order dated 9.3.1994. Hence, both these orders, dated 6th December 1993 and 9th March 1994, are the subject matter of challenge in Writ Petition No. 2766/1994. 2. Writ Petition No. 4470/1994 challenges the order dated 9th December 1994 passed by the Assistant Registrar, Co-operative Societies (Dairy), Ahmednagar, granting permission to the respondent No. 4 - Proposed Mahila Sahakari Dudh Utpadak Sanstha Ltd. to open the account, upon the terms and conditions stated in the said order. 3. The petitioners have placed reliance on the Government Resolution dated 28th of December, 1993 wherein the policy decision is 4 taken that the permission should not be granted to open new primary village level co-operative societies up to 31st March 1994. However, it is also stated in the said Government Resolution that in Vidharbh, Marathwada and Konkan regions, if there are no primary co-operative milk producers societies, there should be no objection for granting permission to open such societies. According to the learned counsel for the petitioners, so far as village Joharwadi is concerned, it is a small village, wherein two societies were already functioning for collection of milk and distribution and those were (1) Sadguru Sahakari Dudh Vyavsaik Sanstha Ltd., Joharwadi i.e. the petitioner and (2) Shetkari Sahakari Dudh Utpadak Sanstha Ltd., Joharwadi i.e. the respondent No. 2 and hence, grant of permission to both the societies, which are respondents in both the writ petitions create an unhealthy competition, which is prohibited by the policy decision of the above Government Resolution and hence, the permission should not have been granted. 4. In Writ Petition No. 2766/1994, the revisional authority has passed the order dated 9.4.1994, after hearing the petitioner and other societies. The order dated 6.12.1993 passed by the Assistant Registrar, Co- operative Societies (Dairy) for granting permission to proposed Krushna Sahakari Dudh Vyavsaik Sanstha Ltd. has been confirmed. In Writ Petition No. 4470/1994, the petitioner did not prefer any revision as provided under section 154 of the Maharashtra Co-operative Societies Act, 1960 and has challenged the order dated 9th of December 1994 5 passed by the Assistant Registrar, granting permission to open account to the respondent No. 3 therein, which is proposed Samarth Mahila Sahakari Dudh Utpadak Sanstha. 5. From the reply filed in Writ Petition No. 4470/1994 for and on behalf of the State authorities, it is apparent that the survey report in respect of the milk collection capacity of Joharwadi village was 1963 Ltrs. and the utilization of the said milk has been pointed out as under :- "I) Sadguru Sahakari Dudh Society Joharwadi 630 Ltrs. II) Shetkari Sahakari Dudh Society Joharwadi 420 Ltrs. III) Proposed Krishna Dudh Society, Joharwadi 576 Ltrs. IV) Sale in market 100 Ltrs. V) Domestic Utilization 150 Ltrs. VI) Utilization for Diary Products 60 Ltrs." But, the policy of the Government seems to be that minimum 400 Ltrs. of milk per day should be available for each such society for the society's survival. From the survey report, regarding milk collection capacity of Joharwadi village, it is apparent that all the societies are having the job of collection of milk to their minimum capacity. The Divisional Joint Registrar in his order dated 9.3.1994 has considered the policy of the State Government and has passed an order maintaining/confirming the order dated 6.12.1993, passed by the 6 Assistant Registrar, granting permission to the proposed society to open an account. The questions, whether grant of permission to the respondents proposed societies in both the writ petitions create an unhealthy competition or not and whether grant of such permission is contrary to the policy of Government, as contained in various Government Resolutions, have been considered. On the basis of the data available, it has been decided to accord permission to the proposed societies. The findings of fact in respect of compliance of policy laid down by the Government, cannot be said to be perverse. Hence, there is no reason for this Court to interfere under Articles 226 and 227 of the Constitution of India. 6. In the result, there is no substance in both the writ petitions. The same are dismissed without any order as to costs. Rule is discharged. [ R.K. DESHPANDE, J. ] ssc/wp2766.94