: 1 : wp.6155.2010.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6155 OF 2010 Nandkumar Ramchandra Jadhav & Ors. ... Petitioners V/s. District Deputy Registrar Co-operative Societies, Sangli & Ors. ... Respondents Mr.Umesh Mankapure for the Petitioners Mr.R.M. Patne, AGP, for the Respondent Nos.1 to 3 CORAM: S.C.DHARMADHIKARI, J. DATE: JULY 1, 2011. P.C.: 1. Heard Mr.Mankapure, appearing for the Petitioners and Mr.Patne, learned AGP appearing for Respondent Nos.1 & 3. The only contention raised before me by Mr.Mankapure is that the Divisional Joint Registrar, Cooperative Societies, Kolhapur was in error in rejecting the revision application No.459 of 2008. The Divisional Joint Registrar has not abided by law laid down by this Court and has upheld the order of the reaudit which was passed not by Registrar but the District Deputy Registrar. According to Mr.Mankapure, the District Deputy Registrar was not the competent authority to pass reaudit orders u/s 81(6) and the same are required to be passed by the Registrar. He has relied upon the order passed by this Court in Writ Petition No.1928 of 2008, Shanti Sagar Police Cooperative Society vs. The State and others decided on 2.7.2008. : 2 : wp.6155.2010.sxw 2. Mr.Patne, on the other hand, invites my attention to the statement made in the affidavit filed in reply by the Assistant Registrar, Cooperative Societies, Sangli and particularly para 5 wherein it is stated that the enquiry u/s 88 is not based on the audit report but it is based on the report u/s 83 of the Maharashtra Cooperative Societies Act, 1960. Yet, there is a reference made to the reaudit order. The respondents have failed to satisfy the Court as to whether the reaudit by the District Deputy Registrar was justified and was permissible in law or whether the competent authority was the Registrar. There is nothing to controvert the submissions of Mr.Mankapure and the statements made in this writ petition which indicate that the District Deputy Registrar was not the competent authority to pass an order of reaudit u/s 81(6) of the MCS Act. 3. For these reasons, the writ petition succeeds. The order of the Divisional Joint Registrar, Cooperative Societies, Kolhapur is set aside and it is clarified that if at all the reaudit being ordered is necessary, directions in that behalf shall be issued by the Registrar after examining the complete record. Granting him such liberty including on the ground of lack of competence of the District Deputy Registrar that the impugned order is set aside. Petition is allowed in these terms. No order as to costs. (S.C.DHARMADHIKARI, J.)