1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7467 OF 2006 Shoukat Khan s/o Ahmed Khan ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. C.V. Thombre, advocate for the petitioner Mr. K.J. Ghute Patil, AGP for respondent Nos.1 to 3 Mr. S. R. Deshpande, advocate for respondents 4 and 5. ..... CORAM: S. S. SHINDE, J. DATED: 16TH OCTOBER, 2009 PER COURT:- 1 This writ petition is directed against the order passed by the Assistant Registrar, Co-operative Societies thereby issuing recovery certificate No.1881/2000 dated 18.2.2003 and the demand notice dated 2.8.2003 and the attachment of the property dated 13.6.2005 from Gat No. 39, 40/1, 40/2 to the extent of 7 H 16 R and 46.60 R and 20 H. 61 R from village Sevli, Tq. and Dist. Jalna and attachment of the Tractor with trolley bearing No. MH-21/E-7801 and trolley No. MH-21/6142 by the respondents Nos. 4 and 5 in pursuance to the said recovery certificate. 2 Learned counsel appearing for the petitioner submitted that though revision under Section 154 of the Maharashtra Co-operative 2 Societies Act was filed before the Divisional Joint Registrar, Co- operative Societies, Nashik, however, the said authority had refused to entertain the revision on the ground that he has no jurisdiction to entertain the revision. Learned counsel for the petitioner further invited my attention to the fact that in similar case in which identical point is involved (Adarsh Ginning and Pressing Factory Vs. State of Maharashtra and others), is pending before the Division Bench of this Court. Therefore, learned counsel would submit that till the Division Bench decides the said matter, hearing of this writ petition may be deferred or the matter may be tagged with the said writ petition, which is pending before the Division Bench. Learned counsel further invited my attention to the pleadings in the petition and annexures thereto and submitted that since the Divisional Joint Registrar has refused to entertain revision, by continuing the interim relief this matter may be tagged with the writ petition, which is pending before the Division Bench. 3 Learned counsel appearing for the respondent invited my attention to the reported judgment of this Court in the case of Abhyudaya Co-operative Bank Ltd. Vs. State of Maharashtra and Ors. reported in 2009 (4) Mh. L. J. 929 and more particularly para 10, 11 and 17 of the said judgment and submitted that this Court now has clearly held in the said judgment that the revision is maintainable before the Divisional Joint Registrar. 3 Therefore, in view of the judgment of this Court in the the case of Abhyudaa Co-operative Bank Ltd. (supra), it is not necessary to enter into the merits of the matter since it has been now held that revision before the Divisional Joint Registrar is maintainable. Hence, revision, about which it has been communicated by the Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik vide his letter No. 7236 VN-2/Revision Application/2005 dated 28.6.2005, is restored to its original position. The said authority is directed to hear and decide the said revision on merits. Till the revision is decided, interim order granted by this Court to continue. The Divisional Joint Registrar is directed to decide the said revision within three months from today. 4. With these observations, without adjudicating the matter on merits, writ petition is disposed of. 5. The counsel appearing for both the sides agree to appear before the Divisional Joint Registrar, Nashik on 3.11.2009. (S.S. SHINDE, J.) rlj/