1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4862 OF 2009 Kalyan Co-operative Housing Society Ltd Latur Through its Secretary harischand s/o Bhanudas Kamble age 40 years, occ. service r/o Boudh Nagar, Latur Tq. & Dist. Latur. .. Petitioner Versus 1 Sow. Mahananda Ramling Nile age 45 years, occ. household r/o Patne Niwas, Dnyaneshwar Nagar Ambejogai Road, Latur Tq. & Dist. Latur. 2 The Divisional Joint Registrar Co-operative Societies Latur Division, Latur. 3 The Assistant Registrar Co-operative Societies, Latur Tq. & Dist. Latur. Respondents Mr. U.B. Bilolikar, Advocate for the petitioner. Mr. S.D. Kaldate, AGP for the State. Mr. V.D. Salunke, Advocate for respondent no. 1. ===== CORAM: R.M.BORDE, J. DATE : 2nd December, 2009 ORAL JUDGMENT : 1 Heard. 2 2 Rule. With the consent of the parties, the matter is taken up for final disposal at admission stage. 3 Petitioner being aggrieved by the order passed by the Divisional Jt. Registrar, Co-operative Societies, Latur on 12-2-2009 of refusal of the request made by the petitioner for grant of interim relief, has approached this court by presenting this petition under Article 227 of the Constitution of India. Respondent herein approached the Assistant Registrar, Co- operative Societies seeking direction to the society to grant him membership in exercise of powers under section 23(2) of the Maharashtra Co-operative Societies Act. It is the contention of the respondent that the society has wrongly refused to award membership to him inspite of compliance of the procedure prescribed under the law. The Assistant Registrar, Co-operative Societies, Latur after extending opportunity of hearing to the society has issued direction under section 23(2) of the Act to award membership to respondent within 15 days from the date of issuance of the order. Order passed by the Assistant Registrar, Co- operative Societies was subjected to challenge before the Divisional Jt. Registrar, Co-operative Societies Latur in Revision Application no. 65/1998. Application was tendered by the society to grant stay to the impugned 3 order. However, the revisional authority refused to entertain the application and rejected the same in view of order passed on 12-2-2009. 4 After presentation of the instant petition, this court has protected the petitioner by issuance of order in terms of prayer clause ‘D’. AS the issue in respect of grant of membership to respondent in exercise of powers under section 23(2) of the Act is subject matter of challenge in revision petition pending before the Divisional Jt. Registrar, it would be appropriate for the Registrar to decide the revision itself on its own merit. During the pendency and disposal of the revision application, the impugned order passed by the Assistant Registrar needs to be stayed. This court has already granted protection and, in my opinion, interim order passed by this court earlier shall remain operative until disposal of revision application. The authority shall dispose of the revision application expeditiously. Rule is made absolute in terms of prayer clause ‘D’. Revisional authority is directed to decide the pending revision application as expeditiously as possible preferably by the end of January, 2010. The authority shall deal with the matter on its own merit and in accordance with law. In the facts and circumstances of the case, there shall be no order as to costs. 4 5 Authenticated copy of the order be supplied to the parties. (R.M.BORDE) JUDGE ******* dyb/wp4862.09.odt