-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2854 OF 2007 WRIT PETITION NO.2854 OF 2007 WRIT PETITION NO.2854 OF 2007 Shri Jayant Martand Mane, .. Petitioner Vs The Assistant Registrar, Co-op.Societies, Tasgaon Sangli and ors. .. Respondents. Mr S.R.Page, for the petitioner. Ms V.S.Mhaispurkar, AGP for respondent no.1. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 27.02.08. DATE : 27.02.08. DATE : 27.02.08. PC: PC: PC: 1. Heard Mr. Page, learned counsel for the petitioner and Ms Mhaispurkar, learned AGP for respondent no.1. 2. This petition is directed against an order dated 19.10.2006 passed by the Divisional Joint Registrar, Cooperative Societies, Kolhapur Division, Kolhapur, by which Appeal/Revision Application No.113 of 2005 filed by the Chairman of Tasgaon Electricity Co-operative Society Limited, has been dismissed and the order of liquidation has been confirmed. The relevant observations in the impugned order read thus: -2- "I have gone through the contents of the application,say, record and proceeding. It is observed that before passing the impugned order the inquiry has been made through Shri D.J.Bhokare, one of the cooperative officer of the opponent no.1 and therefore it is seen that after the complaints opponent no.1 has rightly inquired the matter on the basis of issues raised in the complaints. So also it is found that the registrar, i.e.opponent no.1 himself satisfied that the society is not working according to the object of the society. So also the Government has cancelled license of society in respect of distribution of electricity therefore the object itself is not in existence. So also society failed to get its audit since 1991 to 31.3.2004. The property of society has been taken over by the Maharashtra State Electricity Board and the society is not having any source or a machinery for further income. Only on the ground that the suits are pending in civil court in respect of recovery from MSEB is not sufficient to cancel the impugned order because suits can be proceed further by the liquidator. It is further seen that the opponent no.1 has passed interim order of liquidation on 1.8.2005 and opportunity of being heard was given to the applicant, therefore it is wrong to say that the opportunity of hearing was not given to the applicant. In the above circumstances, the society needs to be wound up. Hence I am of the opinion that there is no need to interfere in the order passed by opponent no.1 on 17.9.2005." Mr Page, learned counsel for the petitioner, vehemently submitted that the society has also other objectives and it was involved in the production of aluminium copper wire and that fact was not taken into consideration by the authorities below. From perusal of the concluding paragraph and from the contents of the other part of the order so also the other material on record it is clear -3- that the society was not working since 1984. It further appears that the Maharashtra State Electricity Board has already taken over the possession of building and machinery of the society and as of today the society has no source of income. This fact has not been disputed by the learned counsel for the petitioner. Keeping that in view and considering concurrent findings of facts recorded by the authority below and as I find sufficient material on record to sustain those findings and considering the writ jurisdiction of this Court under Article 227 of the Constitution of India to disturb the findings of facts, this writ petition deserves to be dismissed. Order accordingly. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)