wp2519-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2519 OF 2011 Sangeeta Co-operative Hsg.Soc.Ltd ..Petitioner versus M/s.Prakash Corporation & Ors ..Respondents Mr.Bharat Joshi for the petitioner. Mr.Rajesh Shah i/by Amol Doijode for respondent No.1. Mr.S.D.Rayrikar, A.G.P for respondent Nos.2 and 3. CORAM : S.C.DHARMADHIKARI, J. 6th July 2011. P.C.: . At the hearing of this writ petition which challengees the order passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai dated 5th January 2011 , a preliminary objection was raised as to maintainability on the ground that the order passed is capable of being challenged in further appeal or in any event by invoking the revisionary powers of the State Government under section 154(1) of the Maharashtra wp2519-11.doc 2 Co-operative Societies Act, 1960. Mr.Joshi appearing on behalf of the petitioner submits that the order has been passed by the Divisional Joint Registrar and, therefore, clause (b) of sub-section (1) of section 152 of the Act would be attracted and, therefore, no further appeal lies in this case. He invites my attention to section 152(4) of the said Act. 2 A bare perusal of sub-section 4 of section 152 of the Act would reveal that if finality is attached to the order of the Divisional Joint Registrar passed in appeal, that is always subject to the provisions of revision provided in the Act. The clear wording of sub-section 1 of section 154 which confers revisionary powers on State Government, would show that a decision by sub- ordinate officer can be scrutinised by the State Government in revision, on the basis that no appeal lies against it. Even if Mr.Joshi is right in his submission that no further appeal lies against the impugned order, yet, revisionary powers of the State Government can always be invoked and that position is not disputed before me. The only request that is made is that revision may not be entertained because of the period of limitation wp2519-11.doc 3 prescribed under section 154(3) of the Act. 3 Having perused the order under challenge, I am of the opinion that there is an alternate and equally efficacious remedy available to the petitioner to impugn the same by invoking section 154 of the Maharashtra Co-operative Societies Act, 1960.Tto enable the petitioner to invoke it, it is directed that if the revision application is filed by the petitioner within a period of three weeks from today, the State Government will decide it on merits and in accordance with law without any objection raised as to limitation or delay in filing the same. Needless to state that if it is filed beyond the period of three weeks, the petitioner will have to apply for condonation of delay in filing the said revision. The petition is disposed off on the ground of availability of alternate and equally efficacious remedy to the petitioner. (S.C.DHARMADHIKARI, J)