bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3844 OF 2009 PETITION NO. 3844 OF 2009 PETITION NO. 3844 OF 2009 Shri Sambhaji N. Atthawale & ors. ... Petitioners v/s The Divl. Joint Registrar, Co-op. Societies, Pune Region, Pune & ors. ... Respondents Mr.P.B.Shah i/by Vivek V. Salunke for the petitioners. Nr.R.M.Patne, A.G.P. for the respondent No.3. Mr.Y.S.Jahagirdar for the respondent No.5. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 8TH MAY, 2009 8TH MAY, 2009 8TH MAY, 2009 P.C. P.C. P.C.: 1. The petitioners are members of the Managing Committee of the Takshashila Co-operative Housing Society. They contend that an Administrator has been directed to be appointed without giving them sufficient notice and without consultation with the federal society as required under Section 78 of the Maharashtra Co-operative Societies Act. 2. It is apparent that although the federal society was consulted, it was only sent a copy of the show cause 2 notice. The reply of the petitioners has not been sent to it, as seen from its letter which is annexed to the petition. There has been no effective or meaningful consultation with the Federal Society. 3. In these circumstances and in view of the several judgments of this Court including in the case of (i) Agricultural Agricultural Agricultural Produce Market Committee, Dharni & ors. Produce Market Committee, Dharni & ors. Produce Market Committee, Dharni & ors. v/s v/s v/s District Deputy Registrar, Co-operative Societies, District Deputy Registrar, Co-operative Societies, District Deputy Registrar, Co-operative Societies, Amravati, Amravati, Amravati, reported in 1986 Mh.L.J. 471 reported in 1986 Mh.L.J. 471 reported in 1986 Mh.L.J. 471; (2) Suresh (2) Suresh (2) Suresh Dyandeo Dyandeo Dyandeo Khumkar & ors. v/s State of Maharashtra & ors., Khumkar & ors. v/s State of Maharashtra & ors., Khumkar & ors. v/s State of Maharashtra & ors., reported reported reported in 1987 Mh.L.J. 474; and (3) Shalikram in 1987 Mh.L.J. 474; and (3) Shalikram in 1987 Mh.L.J. 474; and (3) Shalikram Shivram Shivram Shivram Khobragade & ors. v/s Divl. Joint Registrar, Khobragade & ors. v/s Divl. Joint Registrar, Khobragade & ors. v/s Divl. Joint Registrar, Co-operative Co-operative Co-operative Societies, Nagpur, reported in 1998 (1) Societies, Nagpur, reported in 1998 (1) Societies, Nagpur, reported in 1998 (1) Mh.L.J. Mh.L.J. Mh.L.J. 206, 206, 206, the submissions made on behalf of the petitioners must be accepted. 4. Accordingly, the matter is remanded to the respondent No.2 for reconsideration of the application filed by the respondents for the appointment of an Administrator for the society. The respondent No.2 will consider the same in accordance with law after effective consultation with the federal society as required by following the observations of this Court in the aforesaid judgments. 3 6. Mr.Patne, the learned A.G.P. states that the respondent No.2 will send the necessary material, including the reply of the petitioners to the federal society for consultation. Although the federal society is not a party to this writ petition it is directed to consider the material on record and indicate its decision to the respondent No.2 within two weeks from today. The respondent No.2 will take necessary action on the application made by the respondents within a period of eight weeks from today. While these proceedings are in progress, there shall be no construction work carried out on Survey Nos.42/1, 42/2/2 at Kharadi, Tal. Haveli, Dist. Pune. 7. Writ petition disposed of accordingly. .....