COL. R D NIKAM SAINIK SAHAKARI BANK LTD. SATARA AND ORS v. THE DIVISIONAL JOINT REGISTRAR CO OP SOC PUNE AND ORS
WP/7666/2022 · 2025-11-04
Shri Amit Borkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76749 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76749 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
913-wp-7666-2022.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7666 OF 2022 Col. R. D. Nikam Sainik Sahakari Bank Ltd., Satara, & Anr. … Petitioner V/s. The Divisional Joint Registrar, Cooperative Society, Pune Division Pune & Ors. … Respondents Mr. Sumit V. Khaire, for the petitioners. Ms. M. S. Bane, AGP for the State – respondent No.1. Mr. Sandeep Patade i/b Mr. P. B. Shah, for respondent Nos. 2 and 3. CORAM : AMIT BORKAR, J. DATED : NOVEMBER 4, 2025 P.C.:
1. Rule. Rule made returnable forthwith.
2. The challenge in the present writ petition is to the order passed by the Revisional Authority whereby the Revisional Authority has interfered with a communication issued by the Bank to the Municipal Authorities directing them not to grant permission for construction. The essential challenge in the revision proceedings was to the said letter issued by the Special Recovery Officer.
3. This Court, in the case of Dattatraya Mahadev Ugale & Ors. v. The State of Maharashtra & Anr., Writ Petition No. 3500 of 2024, 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2025.11.04 15:06:34 +0530
913-wp-7666-2022.doc decided on 15th April 2024, has held that the powers under Section 154 of the Maharashtra Co-operative Societies Act, 1960 can be invoked only against a quasi-judicial order. A mere communication or letter issued by the Special Recovery Officer to the Planning or Municipal Authority cannot be termed as quasi- judicial order. Consequently, the revision itself was not maintainable.
4. Since the revision was not maintainable, the Revisional Authority had no power to set aside the communication issued by the Special Recovery Officer. The impugned order, therefore, cannot be sustained.
5. Rule is made absolute in terms of prayer clause (a).
6. Accordingly, the writ petition stands disposed of in above terms.
(AMIT BORKAR, J.) 2