IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3722 OF 2008 WRIT PETITION NO.3722 OF 2008 WRIT PETITION NO.3722 OF 2008 Shree Darshan Co-operative Housing Society Ltd. ..Petitioner. V/s. State of Maharashtra & Ors. ..Respondents. Mr.R.D.Dave for petitioner. Mr.P.P.Kakade, A.G.P. for respondent Nos.1 to 3. Mr.S.U.Kamdar for respondent No.4. Mr.Pravin Samdani, senior Advocate with Sheetal Shah i/b. Mehta & Girdharlal & Co. for respondent No.5. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. Rule. Rule returnable forthwith. By consent of the parties, petition is taken up for final hearing. 2. Challenge in this petition is to the order passed by the Divisional Joint Registrar, Co- operative Societies, Mumbai whereby the registration granted to the petitioner Society by the Deputy Registrar, Co-operative Societies on 12th July, 2005 has been set aside. 3. In fact, in an earlier proceedings, the order passed by the Deputy Registrar granting registration to the petitioner-society was carried - = : 2 : = - in appeal and ultimately the Minister for Co- operation by his order dated 21st September, 2006 has upheld the registration granted to the petitioner Society. The effect of the said order passed by the Hon’ble Minister for Co-operation has not been considered in the impugned order passed by the Divisional Registrar, Co-operative Societies, Moreover, assuming that there were some discrepancies in enrolling the members of the petitioner Society, whether it would be proper to allow the Society to rectify the error or cancellation of the registration was the only proper course has not been considered by the Divisional Joint Registrar, Co-operative Society, Mumbai. 4. In this view of the matter, both the parties agree that the order passed by the Divisional Joint Registrar, Co-operative Societies on 30th December, 2007 be quashed and set aside and the matter be remanded back to the Divisional Joint Registrar, Co-operative Societies for de novo consideration. 5. Accordingly, the impugned order is set aside and the matter is restored to the file of the Divisional Joint Registrar and he is directed to dispose of the appeal within a period of 4 weeks - = : 3 : = - from the date of receipt of this order. 6. The contentions of all the parties are kept open. Parties are at liberty to file additional reply / submissions, if any, within a period of 2 weeks from today. 7. It is made clear that in the meantime the registration granted to the petitioner Society by the Deputy Registrar, Co-operative Societies on 12th July, 2005 shall continue to be in force. However, the petitioner society is directed to maintain status quo till the disposal of the appeal by the Divisional Joint Registrar, Co-operative Societies. It is further made clear that the status quo order would not prevent the society from carrying on its day to day activities. 8. It is further made clear that the Divisional Joint Registrar shall dispose of the matter on its own merits without being influenced by this order as by this order no opinion is expressed on any of the issues involved herein. 9. Petition is disposed of accordingly. Rule is made absolute in above terms with no order as to costs. - = : 4 : = - (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)