908-wp-319-2023.docx 24th September, 2026 WRIT PETITION NO.319 OF 2023 VIDYA NAGAR COLONY COOPERATIVE SOCIETY THR. CHAIRMAN, RAVINDRA BARVE AND 15 ORS. ... Petitioners. Versus STATE OF GOA THR. CHIEF SECRETARY AND 2 ORS. ... Respondents. Mr Sudin Usgaonkar, Senior Advocate with Ms Tanisha Mashelkar, Advocate for the Petitioners. Ms Sapna Mordekar, Additional Government Advocate for Respondent No.1. Mr S. S. Kantak, Senior Advocate with Mr. Preetam Talaulikar, Advocate for Respondent No.3. CORAM: S. G. CHAPALGAONKAR, J. DATED: 24th September, 2026 ORDER: 1. The Petitioner takes exception to the Order dated 03.06.2022 passed by Co-operative Tribunal, Goa, in Cooperative Appeal No.41/2022 whereby the application for de-registration of the Petitioner Society under Section 20 of the Goa Cooperative Societies Act has been granted. 2. The Petitioner Society was registered under the provisions of 2026:BHC-GOA:1919 908-wp-319-2023.docx 24th September, 2026 the Goa Cooperative Societies Act under Registration Code Symbol ARCS/NZ/HSG)/506(d)/Goa with effect from 04.01.2021. The Respondent No.3 challenged the registration of the Society in Case/Appeal No.16/2021 before the Assistant Registrar of Cooperative Society, North Goa, under Sections 20 and 19 of the Goa Cooperative Societies Act. The Respondent No.3 contend that in order to defeat his tenancy rights, part of the portion in cultivatory possession is falsely claimed by the Petitioners as open space and misrepresented before the Authorities by filing an application for registration of the Society and obtained Certificate of Registration dated 04.12. 2021. The Assistant Registrar, after hearing parties, rejected the claim of Respondent No.3 vide Judgment and Order dated 19.11.2021. 3. Respondent No.3, being aggrieved by order of the Assistant Registrar, filed Cooperative Appeal No.41/2022 before Cooperative Tribunal, Goa, under Section 114A of Goa Cooperative Societies Act. The Tribunal allowed Appeal and granted the application of Respondent No.3 for de-registration and cancellation of the Society under Section 19 of the Act and further issued directions to Assistant Registrar to cancel registration within a period of 45 days. Hence, this Writ Petition. 4. Mr. Sudin Usgaonkar, Learned Senior Advocate, would submit that the Tribunal has erroneously observed that the Petitioner Society obtained registration by misrepresentation. By inviting attention of this Court to individual Deeds of Sale executed by original owners in favour of the members of the Society 908-wp-319-2023.docx 24th September, 2026 submitted that the plots along with open space and the roads, were sold to the members of the Society. Respondent No.3 has claimed his tenancy right over the open space. His proceedings are pending before the Tenancy Authority. In this backdrop, the Petitioner Society could not have been put in dock with allegation of misrepresentation. Per contra, Mr. S. S. Kantak, Learned Senior Advocate appearing for Respondent No.3 and Ms. Sapna Mordekar, Learned Additional Government Advocate, supports the impugned Order. 5. Perusal of the impugned Order would show that the prime ground for de-registration of the Society was not the alleged misrepresentation but incompetency of registration of the Society of individual plot owners under Section 102(1) of Goa Cooperative Societies Act and Rule 8, Sub-clause 7(d) of Cooperative Rules. 6. Undisputedly, the members of the Petitioner Society have individual plots purchased from the original landowner. They have constructed their houses on respective plots. However, they applied for registration of the Cooperative Housing Maintenance Society in terms of Rule 8, sub-clause 7(d) of the Cooperative Societies Act. The sub-classification of such Society is elaborated as a Society formed by the owners of dwelling units or commercial units in a building for the purpose of maintenance of the building and provisions of common amenities. Apparently, the Petitioner could not have been registered as Cooperative Housing Maintenance Society since it consists of members having independent plots and individual constructions. The Maintenance 908-wp-319-2023.docx 24th September, 2026 Society could be formed by owners of dwelling units or commercial units in a building for purpose of maintenance of building. In this backdrop, the Tribunal is justified in observing that the registration of the Society was faulty. 7. In this backdrop, this Court finds no reason to interfere in the impugned Order. However, the observations attributing malafides or misrepresentation against Petitioner Society in the impugned Order were uncalled for and they shall be treated to be brushed aside. 8. The Writ Petition stands dismissed in aforesaid terms. Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 28/09/2026 17:02:50