1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 159 OF 1992 Mirajgaon Nagari Shakari Patprotha Sanstha Maryadit, Mirajgaon through its Chairman Dnyanoba Ganpat Khetmalas. ... Petitioner. Versus 1) Sina Parisar Nagari Sahakari Pat Santha Maryadit, Mairaj- gaon through its Chairman Madhukar Ramchandra Bagade, Age Major, Occu. Business & Agriculture, R/o Mirajgaon, Tq. Karjat, Dist. Ahmedngar. 2) Assistant Registrar, Cooperative Societies, Srigondha, Dist. Ahmednagar. 3) Assistant Registrar, Cooperative Societies, Karjat, Dist. Ahmednagar. 4) State of Maharashtra ... Respondents. -------- Shri. S.S.Bora, Advocate for the petitioner. Shri R.N. Dhorde, Advocate for respondent No. 1 Shri. V.H. Dighe , Assistant Government Pleader, for the Respondent Nos. 2 to 4. -------- 2 CORAM: S.S. SHINDE, J. DATE: 07th JANUARY, 2010 ORAL JUDGEMENT : 1) This Writ Petition is filed challenging the order dated 10-09-1991 as amended vide order dated 18-09-1991 passed by the respondent No. 2 i.e. Assistant Registrar, Cooperative Societies, Shrigonda, Dist. Ahmednagar. Brief facts as narrated in the petition are as under :- 2) It is the case of the petitioner that though the proposal of the respondent No. 1 society was not viable and the area of operation of the respondent No. 1 proposed society is also over lapping with the area of operation of the petitioner, the respondent No. 2 should not have granted permission to register the respondent No. 1 society. It is further case of the petitioner that, the permission to register respondent No. 1 society was granted by the authority without 3 hearing the petitioner herein, and therefore, the petitioner was constrained to file Writ Petition before this Court. This Court set aside order of granting permission in favour of the respondent No. 2 and directed that the authority to consider case of the respondent No. 1 afresh after giving hearing to the petitioner herein. Thereafter, the authority again mechanically passed the order granting permission in favour of the respondent No. 1. It is further submitted that, respondent No. 2 has exceeded its jurisdiction while passing order of registration in favour of respondent No. 1. It is furhter submitted that the three villages which are in the area of operation in the present petitioner’s society are also included in the area of operation of respondent No. 1 society. Counsel appearing for the petitioner invited my attention to the pleadings in the petition and annextures thereto and submitted that, though the proposal of respondent No. 2 was not viable and same was also drastically affecting the functioning of the 4 respondent No. 1 society, the respondent No. 2 granted permission in favour of the respondent No. 1 society, the learned counsel would submit that Writ Petition be allowed. 3) The learned AGP appearing for the State vehemently opposed the Writ Petition and submitted that, the Assistant Registrar, Cooperative Societies, Shrigonda, Dist Ahmendagar after giving full opportunity of hearing to the parties has passed the impugned order. The authority has given findings on each aspect, and therefore, this Court may not interfere in extra-ordinary Writ Jurisdiction. 4) After hearing the learned counsel appearing for the petitioner and and after hearing the learned AGP and on perusal of the impugned order passed by the Assistant Registrar, Cooperative Societies, Shrigonda, Dist. Ahmedngar, I am of the considered view that, the Assistant Registrar, Cooperative Societies, 5 Shrigonda, has considered each and every aspect which required to be considered under the relevant provisions. The respondent No. 2 has considered the population of the Village Mirajgaon. The authority has also considered the area of operation of the Village Mirajgaon. The authority has also considered that there are adjoining villages to the Mirajgaon Village within 5 KM radious. The Assistant Registrar, Cooperative Societies, Shrigonda has also relied upon the report submitted by the Tahasildar dated 04-02-1991, 18-02-1991, and 05-08-1991, while considering the population of Village Mirajgaon. The Assistant Registrar, Cooperative Society, Shrigonda has recorded the finding that the population of the Village Mirajgaon is more than 20,000 (twenty thousand). The Assistant Registrar, Cooperative Society, Shrigonda, came to the conclusion that, since the population of the Village Mirajgaon is more than 20000, the respondent No. 1 society can be registered in addition to the petitioner society. The 6 Assistant Registrar, has also considered the fact that, adjoining villages to the Mirajgaon are having financial relations with the Village Mirajgaon and those villages can also be included in the area of operation of the society. The Assistant Registrar has also considered the economical viability of the respondent No. 1 vis- a-vis petitioner. The Assistant Registrar has also considered the deposits collected by the respondent No. 1 and in the interests of common people from the said area thought it fit to grant permission to register the respondent No. 1 society. 5) On careful perusal pleadings in the petition, annextures thereto, nothing has been brought on record to hold that the reasoning given by the Assistant Registrar, Cooperative Societies, Shrigonda, Dist. Ahmednagar granting permission to register the respondent No. 1 society is perverse. On the contrary the authority has taken into consideration the submissions of the petitioner herein and also 7 other concerned persons, thereafter, granted permission to register the respondent No. 1 society. In my considered view, no case is made out to exercise extra-ordinary jurisdcition of this Court under article 227 of the Constitution of India. Therefore, petition is devoid of any merits and stands dismissed. Rule is discharged. (S.S.SHINDE, J.) sdm/wp159.92 8