-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.9287 of 2007 Shankheshwar Nagar Sahakari Gruhanirman Sanstha Maryadit ..Petitioner vs. 1. The State of Maharashtra and others ..Respondents Shri Rakesh Bhatkar for petitioner Ms.V.S.Mhaispurkar, A.G.P. for respondent nos.1, 3 and 4 Shri Arvind S.Jadhav for respondent no.2. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 25th January, 2008 25th January, 2008 25th January, 2008 P.C. P.C. P.C. 1. Heard both sides. 2. The communication at page 62 dated 30th October, 2006 to respondent no.3/original appellant was subject matter of challenge before Divisional Joint Registrar in Appeal under section 152 of the Maharashtra Cooperative Societies Act, 1960. 3. The request of the Chief Promoter Suresh Wagale was that Sankheshwar Nagar at Ratnagiri has some 5 buildings out of which there is a building known as "D Wing". The occupants of flat in D Wing desire that a separate -2- cooperative society should be formed. That request was rejected and the Assistant Registrar, Cooperative Societies, Ratnagiri communicated to fpthe said Shri Suresh Wagale that a single Cooperative Housing Society known as Sankheshwar Nagar Sahakari Griha Nirman Sahakari Sanstha Maryadit has been registered by his office. 4. Aggrieved by rejection of the proposal submitted by him, the Chief Promoter Wagale challenged the communication dated 30th October, 2006. That was treated as an appeal against the order passed under sec.9(3) of M.C.S.Act, 1960. That appeal has been heard and disposed of on 17th October, 2007 by the Divisional Joint Registrar, Cooperative Societies, Konkan Division, Navi Mumbai. He proceeded to allow the appeal and cancel the registration of the existing Cooperative Housing Society. Not only that he proceeded to appoint the Administrator on the existing Cooperative Society. 5. I enquired of Misfps.Mhaispurkar appearing for the State and the Appellate Authority as to whether the Appellate Authority could have -3- passed the order of this nature when it was considering the subject appeal. I also called upon Shri Jadhav appearing for the said Chief Promoter Wagale to satisfy the Court as to whether this order could have been passed by the Appellate Authority. Smt.Mhaispurkar and Shri Jadhav were unable to support the ultimate order and direction. Needless to state that while Divisional Joint Registrar was considering the request of the Chief Promoter Wagale could he have cancelled the registration or deregistered the existing society by resorting to powers under sec.21A of the MCS Act or not is a matter which requires reconsideration by the Divisional Joint Registrar. There is a serious dispute raised before me that the Divisional Joint Registrar could not have exercised such powers. if he was of the view that the wing wise registration of the Cooperative Society must be done, then, it was for him to pass appropriate order by remitting the matter to the Asstt.Registrar but the grievance is that the Divisional Joint Registrar could not have undertaken that exercise himself or direct deregistration of the society which admittedly represents all the wings, except wing D, prima facie. In such circumstances the order under -4- challenge cannot be sustained. The Divisional Joint Registrar’s order dated 17th October, 2007 passed in Appeal no. 24 of 2006 is quashed and set aside. The said appeal is restored to file of the Divisional Joint Registrar who shall hear all the parties afresh on the point of maintainability so also on merits and pass a speaking order without being influenced by any observations in the earlier order. The writ petition succeeds. The impugned order is quashed and set aside. However, there shall be no order as to costs. 6. Needless to state that the order of the Appellate Authority having been set aside, the directions contained in the letter dated 30th October, 2006 operate and registration of the existing society continues subject to final orders in the appeal. All contentions of both sides are kept open. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)