IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1755/2011 Ramdas Kushaba Chavan, Age 54 Years, Occ. Chairman of Shivchatrapati Pashu Khadya Utpadak V Krushi Purak Sahakari Sanstha Maryadit (Jalgaon), Tq. Ashti, District Beed R/o at Pimpri - Ashti, Tq.Ashti, District Beed. ..Petitioner Versus 1. The State of Maharashtra, Through Secretary, Cooperation & Textile Department, Mantralaya, Mumbai. 2.The Divisonal oint Registrar, Cooperative Societies, Latur Division, Latur. 3. The Assistant Registrar, Cooperative Societies, Tq. Ashti, District Beed. ..Respondents ... Shri N.L.Jadhav, Advocate for petitioner and Shri V.G.Shelke, AGP for respondents. ... CORAM : B.P. DHARMADHIKARI,J. Dated : April 15, 2011 ORAL JUDGMENT :- 1. Heard learned counsel for respective parties. 2. By consent, Rule made returnable forthwith and the petition is taken up for final disposal. 2 WP/1755/2011 3. Short grievance of the petitioner is that that the rejection of Revision No.59 of 2010 filed by the petitioner under Section 154 of the Maharashtra Cooperative Societies Act on the ground that he had resigned and some other person was co-opted in his place is un-sustainale. He contends that there was already a report prepared on 11.1.2010 by the two officers of the Cooperation Department and that report was with the Assistant Registrar, Cooperative Societies, Ashti. That report revealed incorrectness in the story of the alleged resignation of the petitioner but since that report was not available with the petitioner it could not be pointed out to the revisional authority. He, therefore, states that the entire exercise of the jurisdiction by that authority is vitiated on account of non consideration of that report. 4. Learned AGP supports the impugned order. He contends that the impugned order has been passed on 25.1.2011 and the report has been prepared at least two weeks before it. The petitioner, therefore, has deliberately not placed that report for consideration before the Divisional Joint Registrar. 5. Prima facie, perusal of report dated 11.1.2010 shows that it is prepared by B.M.Shri Raut, Assistant Cooperative Officer and Shri S.M.Karale, Cooperative Officer, Grade-II. In this report, they have made reference to the earlier proceedings and state of affairs and have observed that story of the alleged resignation by the petitioner does not 3 WP/1755/2011 appear trustworthy. In this situation, it is not necessary for this Court to comment more on this report or delve more in controversy. The Divisional Joint Registrar, admittedly, does not look in to this report. Said order dated 25.1.2011, therefore, is quashed and set aside. The Divisional Joint Registrar, Cooperative Societies shall consider that report, extend an opportunity of hearing to the petitioner and also to Shivchatrapati Pashu Khadya Utpadak V Krushi Purak Sahakari Sanstha Maryadit (Jalgaon), Ashti, District Beed (society ) and thereafter pass final orders in the revision in accordance with law. Said orders shall be passed as early as possible and in any case within a period of four months from the date of communication of this order to him. 6. Rule made absolute accordingly. No order as to costs. ( B.P. DHARMADHIKARI, J.) ... akl