12-wp3486-2023 & connected.doc AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3486 OF 2023 WITH INTERIM APPLICATION NO.3408 OF 2023 Yuvraj Baburao Kothule & Anr. … Petitioners V/s. State of Maharashtra & Ors. … Respondents WITH WRIT PETITION (ST.) NO.7965 OF 2023 WITH INTERIM APPLICATION NO.3414 OF 2023 Yuvraj Baburao Kothule & Anr. … Petitioners V/s. State of Maharashtra & Ors. … Respondents WITH WRIT PETITION (ST.) NO.7966 OF 2023 WITH INTERIM APPLICATION NO.3413 OF 2023 Yuvraj Baburao Kothule & Anr. … Petitioners V/s. State of Maharashtra & Ors. … Respondents WITH WRIT PETITION (ST.) NO.7967 OF 2023 WITH INTERIM APPLICATION NO.3412 OF 2023 Yuvraj Baburao Kothule & Anr. … Petitioners V/s. State of Maharashtra & Ors. … Respondents Mr. Drupad S. Patil with Mr. Namit Pansare for the petitioners. Mr. Sachin S. Gite with Mr. Sarfaraj J. Shaikh for respondent Nos.4 and 7. 1 ATUL GANESH KULKARNI Digitally signed by ATUL GANESH KULKARNI Date: 2025.11.19 18:21:14 +0530 12-wp3486-2023 & connected.doc Mrs. V.S. Nimbalkar, AGP for respondent Nos.1 to 3- State in WP/3486/2023. Mrs. P.J. Gavhane, AGP for respondent Nos.1 to 3-State in WPST/7965/2023 & WPST/7966/2023. Smt. M.S. Srivastava, AGP for respondent Nos.1 to 3- State in WPST/7967/2023. CORAM : AMIT BORKAR, J. DATED : NOVEMBER 19, 2025 P.C.: 1. The respondent No.4 society was earlier classified as a Service Resource Society on 7 March 1977. The Government Resolution dated 24 April 1990 directed that such societies be liquidated. The authorities acted on this policy. An interim order of liquidation was issued on 6 February 2017. A final order of liquidation followed on 31 March 2017. These facts are clear from the record and there is no dispute about them. 2. After the final order of liquidation, the Liquidator appointed under the interim order submitted a proposal under Section 18 of the Maharashtra Cooperative Societies Act. This proposal sought to revive or reorganise the affairs of the society. The authorities published a draft order on 5 November 2019. They confirmed this draft by issuing an order under Section 19 of the Act on 30 November 2019. These steps show that the authorities intended to bring the dissolved society back into existence. 3. The record shows that the Government Resolution dated 24 April 1990 was issued after due consideration. The State decided that existing Service Resource Societies should be liquidated for 2 12-wp3486-2023 & connected.doc specific reasons recorded in the Resolution. The process that followed was consistent with this policy. After liquidation, new societies were registered for the same area. They had members of the same class and pursued similar objects. The State accepted these new societies as successors to the earlier entities. Once this shift took place, the earlier societies stood replaced in fact and in law. 4. If any authority wished to revive the old societies, it was necessary to revisit the policy behind the Government Resolution. Such reconsideration must come from the State. The record shows no material to suggest that the State reviewed or withdrew the 1990 policy. There is also no explanation for reviving a society whose functions had already been taken over by newly registered bodies. There is no credible basis to support such revival. 5. In this case, registration of new societies for the same area and for the same purpose gave finality to the earlier decision of liquidation. Once new societies came into existence and started functioning, the decision under the 1990 Resolution became irreversible. The authorities under the Act could not exercise Section 19 powers to undo a liquidation that was completed under a valid Government policy. Section 19 does not permit revival of a society that has already been replaced under a binding State Resolution. 6. The order passed by the Registrar runs contrary to the policy decision of the State and the factual finality achieved by creation of new societies. The authorities failed to show any legal or factual 3 12-wp3486-2023 & connected.doc basis for reviving the dissolved society. The impugned order therefore cannot stand and must be set aside. 7. The petitioners are members of the newly formed societies. Revival of the earlier society directly affects their rights and the working of the new bodies. They have a direct and sufficient interest in questioning such revival. Their locus is thus established. 8. Rule is therefore made absolute in terms of prayer clause (a) in each writ petition. 9. All pending interim applications stand disposed of in terms of this order. (AMIT BORKAR, J.) 4