1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4097 OF 2006 Ramesh s/o Prabhudas Shah and another VERSUS The Assistant Registrar and others ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... CORAM : R. K.DESHPANDE, J. DATE : 24. JUNE, 2011. The subject matter of challenge in this writ petition is the notice dated 6.7.2006 issued by the Assistant Registrar Co-operative Societies, Daryapur, District Amravati. Shri N.R. Saboo, the learned Counsel appearing for the petitioners submits that this Court has delivered the judgment, which is reported in Ramesh Dhulatrao Gawhale & Ors. Vs. State of Maharashtra & Ors., 2007 (3) ALL MR 275 holding that under Section 13-B of the Bombay Money-Lenders Act, the authority has no jurisdiction regarding possession of immovable .....2/- 2 properties purchased by petitioners through registered sale deeds. He submits that the notice impugned in this petition has been issued under Section 13-B of the said Act. Hence, in view of the decision of this Court, the notice is required to be quashed and set aside being without jurisdiction. After going through the judgment delivered by this Court it is apparent, that there is no adjudication that the authorities under the Bombay Money-Lenders Act, has no jurisdiction to carry out the proceeding under Section 13-A in respect of the immovable properties. What has been held is that under Section 13-B applies to movable properties and authority exercising the power has no jurisdiction to deal with the aspect of possession. There is nothing on record to show that the notice in question has been issued under Section 13-B of the said Act. In view of this, it is open for the petitioners to approach the concerned authority pointing out the judgment delivered by this Court and to ask for dropping proceedings, if the same are initiated under Section 13-B of the Bombay Money-Lenders Act. If such representation is made .....3/- 3 before the authority concerned in response to the this show cause notice of this petition, the same shall be decided in accordance with law, after taking into consideration the judgment delivered by this Court. In view of above, the petition is partly allowed, in the aforesaid terms. No order as to costs. JUDGE BrWankhede ...../-