1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3755 OF 2009 Chief Promoter, Proposed Aurangabad District Adarsh Mahila Nagari Sahakari Pat Sanstha Maryadit, Aurangabad, Sou.Vanita w/o Sunil Patil, Age 30 years, Occu.Business, R/o 31, Shivjyoti Colony, N-6, CIDCO, Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Principal Secretary, Co-operation and Textile Department, Mantralaya, Mumbai 32 2. The District Deputy Registrar, Co-operative Society at Adalat Road, Aurangabad 3. The Commissioner of Co-operation and Registrar, Co-operative Societies, Maharashtra Rajya, Pune .. RESPONDENTS Shri M.P.Kale, Advocate for petitioner Shri V.H.Dighe, Assistant Govt. Pleader for respondents 1 to 3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 9th September 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2 2. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ of mandamus directing respondent No.2 to register the society of the petitioner and grant registration certificate in favour of the petitioner for starting the proposed Aurangabad District Adarsh Mahila Nagari Sahakari Pat Sanstha Maryadit, Aurangabad. 3. Such of the facts as are necessary for the decision of this petition may briefly be stated thus. The petitioner who is a Chief Promoter of the said proposed society sought permission from respondent No.2 for opening an account in the name of the proposed Co-operative Credit Society named and styled as Aurangabad Jilha Adarsh Mahila Nagari Pat Sanstha Maryadit, Aurangabad. The permission by respondent No.2 came to be granted on 16.8.2008 and accordingly, the petitioner opened an account in the name of the proposed society in the District Central Co-operative Bank Ltd., at N-1, CIDCO. The petitioner then applied for opening an account in the name of the proposed society at the Aurangabad District Central Co-operative Bank Ltd. The aforesaid permission also came to be granted. The petitioner, however, could not submit the proposal for registration within the time which was provided by the respondents but the respondents had extended the time and after completing 3 necessary formalities the petitioner submitted its proposal. It appears that certain correspondence came to be exchanged between the parties intimating the petitioner that on account of several cases wherein the credit societies were unable to meet the demand of the members and refund the amount deposited by them, the matter had been referred to the Government for examining whether registration of such societies should be granted. The respondents, therefore, accordingly intimated that the matter was pending with the Government and declined to decide the proposal of the petitioner – society. We are informed by the learned Assistant Government Pleader that the proposal of the petitioner is still pending. 4. According to us, the reasons attributed by the respondents for not registering or not deciding the proposal of the petitioner are unsustainable in law. In the light of that, therefore, we are inclined to allow this petition and direct the respondents to decide the proposal of the petitioner, in accordance with law, within a particular period. The learned Assistant Government Pleader states that in the light of the impending elections scheduled in the next month, this Court may grant adequate time to ensure that the orders of this Court are complied with. We accordingly allow this petition and direct the respondents to decide the proposal of the petitioner for registration of the proposed society, 4 in accordance with law, within period of four months from today. The learned Assistant Government Pleader undertakes to communicate this order to the respondents. 5. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/3755.09wp 5