Neeta Sawant 30-WP-2242-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2242 OF 2024 Jagannath Bhauso Zanzurne and Ors. ….Petitioners : Versus : State of Maharashtra & Ors. ….Respondents Mr. Kirankumar Phakade, for the Petitioner. Mr. R.S. Pawar, AGP for State-Respondent Nos.1 to 3. Mr. Onkar A. Wable i/by. Mr. Milind Deshmukh, for Respondent No.4. CORAM : SANDEEP V. MARNE, J. Dated : 9 April 2025. P.C. : 1) The petition challenges the order dated 12 July 2023 passed by the Divisional Joint Registrar, Co-operative Societies, Kolhapur allowing Revision Application No.132/2023 filed by the 4th Respondent and setting aside the order dated 24 April 2023 of the Assistant Registrar by which the Assistant Registrar had declined permission for suing the Liquidator under Section 107 of the Maharashtra Co-operative Societies Act, 1960 (the Act). It is the complaint of the Petitioners that instead of limiting the remit of the enquiry to issuance of permission under Section 107 of the Act, the Divisional Joint Registrar has __________________________________________________________________________ Page No. 1 of 2 Wednesday, 9 April 2025 Neeta Sawant 30-WP-2242-2024.docx overstepped his jurisdiction and directed taking of action under Section 105(c) of the Act. 2) The application was filed by the 4th Respondent before the Assistant Registrar seeking permission under Section 107 of the Act for suing the Liquidator in a dispute under Section 91 of the Act. The Assistant Registrar rejected the said request by order dated 24 April 2023. In his revision filed by the Divisional Joint Registrar, the 4th Respondent challenged Assistant Registrar’s decision dated 24 April 2023. If the Divisional Joint Registrar was to allow the Revision preferred by the 4th Respondent, he could have at the highest granted permission under Section 107 of the Act. The Divisional Joint Registrar has clearly exceeded his jurisdiction in directing action under Section 105(c) of the Act. In my view, therefore the order passed by the Divisional Joint Registrar on 12 July 2023 is clearly erroneous and is liable to be set aside. The proceedings deserve to be restored on the file of the Divisional Joint Registrar for being decided afresh. 3) The petition accordingly succeeds. The order dated 12 July 2023 passed by the Divisional Joint Registrar is set aside. Revision Application No. 132/2023 filed by the 4th Respondent is restored on the file of the Divisional Joint Registrar who shall proceed to decide the same on its own merits without being influenced by any of the observations made in the order dated 12 July 2023. The Writ Petition is partly allowed in above terms. There shall be no order as to costs. [SANDEEP V. MARNE, J.] __________________________________________________________________________ Page No. 2 of 2 Wednesday, 9 April 2025 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2025.04.09 19:01:39 +0530