22.06.wp1418.2011.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1418/2011. Vikas Adhunik Sahakari Pat Purwatha Sanstha & others -vs- The Divisional Joint Registrar Co-operative Societies & another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Mr. D.V. Siras, Advocate for the petitioner. Mr. P.V. Bhoyar, AGP for respondent nos. 1 & 2. CORAM: R. M. SAVANT, J. DATED: 22/06/2011. The order impugned is passed by the Divisional Joint Registrar in the revision application filed by the petitioner against the order dated 12.01.2010 passed by the Deputy Registrar, Co-operative Societies, Nagpur City-1 under Section 146 (e-1) of the Maharashtra Co-operative Societies Act, 1960. By the said order, the said revision application came to be disposed of by the Divisional Joint Registrar, Co-operative Societies, by observing that in view of the fact that the registration of the petitioner society has already been cancelled by an order passed on 14.02.1997, the revision filed against the said order is premature meaning thereby that unless an order is obtained regarding reinstatement of the registration of society, the challenge to the order passed under section 146 (e-1) is premature. 22.06.wp1418.2011.odt 2/3 In so far as the challenge to the order dated 14.02.1997 passed by this Court in Writ Petition No. 2567/2010 is concerned, the petitioner was granted liberty to amend the revision application so as to incorporate the challenge to the order of cancellation of registration whether the said order has been served on the petitioner or not. The learned counsel for the petitioner Shri Siras states that the order cancelling the registration of the society, which is referable to section 21 of the Co-operative Societies Act cannot be challenged by way of revision and can only be challenged under section 152 of the said Act. If that be so, it is for the petitioner to seek clarification of the order dated 12.08.2010 passed in Writ Petition No.2567/2010 as regards the remedy, the petitioner has to adopt in respect of the said order dated 14.02.1997 cancelling the registration. It is after obtaining the clarification that the petitioner to file the proceedings as may be permissible in law to challenge the said order dated 14.02.1997, since the cancellation of the registration of the Society is the material factor, in so far as the petitioners challenge to the order passed under section 146 (e-1) is concerned. In my view, the order passed by the Divisional Joint Registrar holding that the revision is premature, cannot 22.06.wp1418.2011.odt 3/3 be faulted with. In that view of the matter, no case for interference is made out. The writ petition is accordingly dismissed. However, it is made clear that the petitioner would be entitled to prosecute his remedy on the basis of the clarification that would be sought from the Division Bench. In view of the dismissal of the petition, Civil Application No. 769/2011 does not survive and is disposed of accordingly. JUDGE NSN