1 W.P.No.3834/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3834 OF 2011. Sanjay S/o Yashwant Bonde, Age 40 years, Occ.Business, Shop Address 104, First floor, Golani Market, Jalgaon, R/o Jalgaon, Tq. and Dist.Jalgaon. ...Petitioner. Versus 1. Balwant Nagari Sahkari Patsanstha, Maryadit, Jalgaon, 113, Navi Peth, Jalgaon, Tq. and Dist.Jalgaon (through its Manager/Chairman) 2. Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik. 3. Deputy Registrar C.S. Jalgaon, Tq. & Dist. Jalgaon, Second floor, Priti Apartment, M.J.College Road, Jalgaon. 4. Khalil Ahmed Munir Miya, Age major, Occ.Business, Shyama Arts, Shahu Nagar Market Jalgaon, Tq.and Dist. Jalgaon. 5. Pramod S/o Kautik Mahajan, Age major, Occ.Business, R/o Plot No.34, Ravindra Nagar, Mahabal, Jalgaon, 2 W.P.No.3834/11 Tq. and Dist.Jalgaon. 6. Shantaram S/o Govind Bhole, Age major, Occ.Agril., R/o Bhole galli, Waghali, Tq.Chalisgaon, Dist.Jalgaon. ... Respondents. ... Mr.C.P.Patil, advocate for the petitioner. Mr.A.I.Deshmukh, advocate for Respondent No.1 Mr.S.B.Pulkundwar, Asstt.Govt.Pleader for Respndent Nos.2 and 3. Respondents Nos.4,5 and 6 though served - absent. ... CORAM : S.V.GANGAPURWALA,J. Date : 22.08.2011. ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The present Respondent No.1 filed proceedings U/s 101 of the Maharashtra Cooperative Societies Act. The said proceedings were dismissed. Aggrieved thereby, the present 3 W.P.No.3834/11 Respondent No.1 preferred revision before the Respondent No.2. The Respondent NO.2 allowed the said revision. The original borrower assailed the said judgment in the present Writ Petition. 4. Mr.Patil, learned counsel for the petitioner submits that the petitioner was not served with the notice/summons of revision. The order in favour of the petitioner was set aside, without issuing any notice to the petitioner. According to the learned counsel, the same is not permissible. 5. Mr.A.I. Deshmukh, learned counsel for the Respondent No.1 and Mr.S.B.Pulkundwar, learned Asstt. Govt. Pleader submit that the notices were issued by the Respondent No.2 to the petitioner. The copy of the same is placed on record. The said copy also bears the outward number. According to them, the same is sent by ordinary post. The presumption of service is satisfied. The learned counsel further contends that the revisional authority has only remanded the matter and so no prejudice is caused to the 4 W.P.No.3834/11 petitioner. 6. The Respondent No.2 has set aside the order passed by the Respondent No.3, rejecting the application filed by the Respondent No.1 U/s 101 of the Maharashtra Cooperative Societies Act. There is no record to show that the notices said to have been issued to the petitioner were served on the petitioner. What is produced is only a copy of the notice signed by the Respondent No.2. There is no proof that the same has been posted and served upon the petitioner. 7. The said order appears to be passed against the petitioner without hearing him and without the notice being served upon him. Such an order can not be sustained. 8. In light of the above, I set aside the impugned order passed by the Respondent NO.2, allowing the revision and relegate the parties to the revisional Court who shall decide the revision afresh after giving opportunity of hearing to the parties. 5 W.P.No.3834/11 9. The petitioner and the Respondent No.1 shall appear before the Revisional authority on 30.8.2011. The Revisional authority shall issue notices to the other persons. Immediately after service of notice to all the persons, the Revisional authority shall decide the Revision expeditiously and preferably within a period of three (3) months. The petitioner shall not alienate, create third party interest or encumber his property mortgaged, charged or otherwise till the disposal of the Revision. 10. Rule made absolute in above terms. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) asp/office/wp383411 6 W.P.No.3834/11