(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6492 OF 2009 Parvatimata Machya Vyavsai Sahakari Sanstha Ltd., Math Pimpalgaon, Taluka : Ambad, Dist. Jalna, Through its Authorized office bearer, Shri Ramnath s/o. Sakladi Waghade. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Animal Husbandry and Fishery Department, Mantralaya, Mumbai - 32. 2. The Deputy Registrar, Cooperative Societies (Fisheries), Maharashtra State, Mumbai, Taraporwala Machyalaya, Charni Road, Mumbai. 3. Assistant Registrar, Cooperative Societies (Dairy), Jalna, Dist. Jalna. 4. Deputy Commissioner, Former Regional Director of Fisheries, Aurangabad. (2) 5. Assistant Commissioner (Fisheries), Aurangabad [Former District Development of Fisheries ]. 6. Adarsh Machya Vyavsai Sahakari Sanstha Ltd., Dhangar Pimpri, Taluka : Ambad, District : Jalna, Through its Chief Promoter, Maharudra Khandekar. 7. Pramod s/o. Ramrao Patil, Age : Major, Occupation : Fishery Contractor, R/o. Samarth Nagar, Aurangabad. 8. Sow. Anjali w/o. Pramod Patil, Age : Major, Occupation : Fishing Contractor And Secretary of Adarsh Machyat Vyavsai Sahakari Sanstha Ltd., Dhangar Pimpri, R/o. C/o. Pramod Ramrao Patil, Samarth Nagar, Aurangabad. 9. Sow. Nilabai w/o. Ramrao Patil, Director of Adarsh Machyat Vyavsai Sahakari Sanstha Ltd., Dhangar Pimpri, R/o. C/o. Pramod Ramrao Patil, Samarth Nagar, Aurangabad. (3) 10. Rajesh s/o. Ankushrao Tope, Ex-Minister of State for Urban Development, General Administration, Urban Land Ceiling, Water Conservation And Parliamentary Affairs, R/o. Jalna. 11. Ashok s/o. Jagannath Bhillare, Age : 42 years, Occupation : Assistant Registrar, Cooperative Societies (Dairy), Jalna. 12. Police Patil, Dhangar Pimpri, Taluka : Ambad, District : Jalna. 13. Sarpanch, Village Dhangar Pimpri, Taluka : Ambad, District : Jalna. .. Respondents. .......................... Mr. N.R. Solunke, Advocate, for the petitioner. Mr. S.G. Nandedkar, Assistant Government Pleader, for respondent nos. 1 to 5. .......................... (4) CORAM : B.R. GAVAI, J. DATE : 26TH NOVEMBER 2009. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The learned Assistant Government Pleader appears on behalf of respondent nos.1 to 5. 3. Since no order prejudicial to the interest of respondent nos.6 to 13 is being passed, notice upon rule, on the said respondents is waived. 4. The petitioner has filed the present petition challenging the order dated 3rd February 2009, passed by the Deputy Registrar, Cooperative Societies (Fisheries), Mumbai, in Appeal No. 17/2007, thereby allowing the appeal filed by the respondent no.6. By the impugned order, the registration of the petitioner Society has been cancelled and the matter has been remanded to the respondent no.3 i.e. Assistant Registrar, Cooperative Societies (Dairy), Jalna, for a fresh decision. 5. The petitioner has also challenged the order dated 9th September 2009 passed by the respondent no.3, in Application No. 1/2009. The respondent no.3 i.e. Assistant Registrar, Cooperative Societies (Dairy), Jalna, on remand, has held that since the registration of (5) the petitioner Society stoood cancelled, he had no authority to pass the orders granting registration. 6. In my considered view, the order dated 9th September 2009, passed by the respondent no.3, is totally unsustainable in law. By the appellate order, the respondent no.2 had directed the respondent no.3 to re-consider the matter of registration in favour of the petitioner Society, on its own merits, after considering the material on record. 7. However, the respondent no.3 has filed a Purshish stating therein that he would withdraw the order dated 9th September 2009 and consider the matter of registration of the petitioner Society afresh on its own merits, within a period of one month from today i.e. 26th November 2009. The same is taken on record and marked as "X" for identification. 8. Hence, the petition is allowed. (i) The impugned order dated 9th September 2009, passed by the respondent no.3, in Application No. 1/2009 filed by the present petitioner, is quashed and set aside. The respondent no.3 shall re-consider the matter regarding registration of the petitioner Society, on its own merits, after giving an opportunity of being heard to the petitioner. (ii) The matter shall be decided by the respondent no.3 within a period of one month from today. (iii) The petitioner shall remain present before the respondent no.3 on (6) 5th December 2009. As such, notice to the petitioner by the respondent no.3 shall stand waived. 9. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( B.R. GAVAI ) JUDGE ......................... bgp/wp6492