1 WP No. 1974 /2011gr IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1974 OF 2011 WITH CIVIL APPLICATION NO.1166 OF 2011 IN WP/1974/2011 Kalas Vividh Karyakari Seva Sahakari Sanstha Maryadeet and anr ..Petitioners Versus Proposed Shankar Vividh Karyakari Seva Sahakari Sanstha Maryadeet & anr ..Respondents WITH WRIT PETITION NO.3146 OF 2011 WITH CIVIL APPLICATION NO.1168 OF 2011 IN WP/3146/2011 Vithal Vividh Karyakari Seva Sahakari Sanstha Maryadeet and anr ..Petitioners Versus Proposed Bhivai Mata Vividh Karyakari Seva Sahakari Sanstha Maryadeet & anr ..Respondents Mr P.D.Dalvi, Advocate for the petitioners in both. Mr S.P.Kadam with Mr R.P.Hake Patil, Advocate for respondent no.1 in both. Mr A.I.Patel, AGP, for respondent nos. 2 to 4 in both. CORAM : S.C.DHARMADHIKARI, J. Date : 15th June, 2011. P.C.: 1. With the consent of counsel appearing for the parties their writ T 2 WP No. 1974 /2011gr petitions are taken up for admission and disposed of by this order. 2. The petitioners are aggrieved by the orders passed by the Minister for Co-operation, Government of Maharashtra, dated 17.2.2011 and 14.3.2011, by which the Minister directs that respondent no.1- proposed societies be registered as Co-operative societies covered by the Maharashtra Co-operative Societies Act,1960. 3. The grievance of the petitioners is that before the Minister passed the subject orders, no opportunity was given to them although the controversy affects their rights vitally. The petitioners are existing credit societies. They are catering to the Agricultural credit requirements of the subject village. The respondent-proposed societies submitted proposals for registration under identical category as that of the petitioners. Their proposals were not accepted by the authorities under the Maharashtra Co-operative societies Act. They took up the matters with the Government of Maharashtra by filing appeals, which appeals were placed before the Minister and he made the impugned orders. 4. Several contentions have been raised in the writ petitions and particularly about the viability of more than one agricultural societies in the village. It is not necessary to go into these contentions in further detail because the orders under challenge are made without hearing the petitioners. If the Minister sets aside the orders of the Deputy Registrar, before he did so, he ought to have heard the existing societies. The petitioners, being existing societies, are vitally affected by the decisions to register another society in the village. There are questions of 3 WP No. 1974 /2011gr viability of more than one society in the village and whether there is any credit requirement to the extent indicated is also a crucial factor. Further it should also be examined whether the existing societies has failed to cater to the credit requirements and whether they have refused to lend money and assist any farmers although they were ready and willing to comply with the conditions for such assistance. Ultimately it is in public interest that these issues are examined. Circulars and Guidelines are precisely to take care of unhealthy competition in the village and safe-guard vital public interest. In such circumstances, the orders passed are in breach of principles of natural justice as the existing societies are not heard. Resultantly, each of the order stands set aside. The Appeals/Applications will, now, be re-heard by the Secretary, Department of Co-operation and Textiles, Government of Maharahstra, who shall re-examine all contentions including the aspect of viability and pass reasoned orders afresh after hearing both sides. Parties agree to appear before the Secretary in the Department of Co- operation and Textiles, Government of Maharashtra, on 21.6.2011. The Secretary shall then decide the matters as expeditiously as possible and within a period of six weeks from the date of appearance of the parties. For a period of eight weeks from today, ad-interim orders made in the writ petitions will continue but without prejudice to the rights and contentions of all the parties. It is clarified that the court has not expressed any opinion on the rival contentions but highlighted some important aspects of the matter to impress upon the Government and the appropriate authority the seriousness of registering more than one 4 WP No. 1974 /2011gr the credit societies. The writ petitions are disposed of in these terms. In the light of disposal of the writ petitions, the Civil Applications do not survive and are disposed of accordingly. No costs. (S.C. Dharmadhikari, J.)