1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4808 OF 1996 PETITION NO.4808 OF 1996 PETITION NO.4808 OF 1996 Bhrashtachar Virodhi Dakshata ... Petitioners Samiti & Ors. Vs. State of Maharashtra & Ors. ... Respondents Ms. Kavita Pawar i/b Mr. Sanjay Kshirsagar for Petitioners. Mrs. P.S. Cardoza A.G.P. for Respondents 1 and 2. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & A.P. A.P. A.P. DESHPANDE, JJ. DESHPANDE, JJ. DESHPANDE, JJ. DATE DATE DATE : 2ND APRIL, 2008 : 2ND APRIL, 2008 : 2ND APRIL, 2008 P.C. P.C. P.C. :- :- :- 1) This petition has been filed seeking direction that the State- Respondent should not issue any directions, circulars, letters or orders to any Assistant Registrars working under Section 101 of the Maharashtra Co-operative Societies Act, 1960 or the Co-operative Judges or to the Co-operative Appellate Judges which will interfere in their judicial or quasi-judicial work and to cancel the circular dated 10/12/1992 and a letter dated 10/12/1991. 2 2) We have heard the learned counsel appearing for the parties and perused the papers. 3) On the face of it, the circular dated 18th February,1992 is an interference in not only the working of judicial authorities but also quasi judicial. The Respondent cannot direct the quasi judicial or judicial authorities to pass orders in accordance with their directions. As the Judicial Magistrates or quasi judicial officers are supposed to pass an order in a given case in accordance with law and the statute, governing such a case. 4) Therefore, we clarify that the circulars of 1992 be treated as the communication indicating the Judgment of the High Court. In view of the directions given in the circular need not be followed and would not be binding upon the J.O. or Officers of the Co-operative Departments for acting and deciding their quasi judicial functions. The respondents are restrained from passing any circulars or orders, which would tend to interfere in the judicial disposition of the Officers who are supposed to work under the Law 3 and the Statute within the limits prescribed by a statute. 5) With these observations, the Writ Petition is allowed. No order as to costs. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) ( A.P. DESHPANDE, J.) A.P. DESHPANDE, J.) A.P. DESHPANDE, J.)