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2026 DAILYLAW 1971 (BOM)

SHRI BALAJI SAHAKARI DUDH VYAVSAYIK SANSTHA MARYADIT THR. CHAIRMAN AND ORS. v. THE STATE OF MAHARASHTRA THR. SECRETARY DEPT. OF COOPERATION AND ORS.

WP/2881/2026 · 2026-07-02

Shri Shailesh P Brahme

body2026

Judgment text

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1 904 wp 2881.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2881 OF 2026 Shri Balaji Sahakari Dudh Vyavsayik Sanstha Maryadit Thr. Chairman and others .. Petitioners Versus The State of Maharashtra, through the Secretary, Department of Cooperation and others .. Respondents Shri S. S. Patwardhan, Advocate a/w Shri Bhooshan R. Mandlik, Advocate a/w Shri Anurag Patwardhan and Shri Ajay Raje Nimbalkar, Advocates for the Petitioners. Shri S. B. Talekar, Special Counsel a/w Shri B. V. Samant, Addl. G. P. a/w Shri S. P. Kamble, A.G.P for the Respondent Nos. 1 to 5. Shri Shubham Dhenge, Advocate for the Respondent No. 6. CORAM : SHAILESH P. BRAHME, J. DATE : 02ND JULY, 2026. FINAL ORDER : . Heard both sides. 2. Petitioners are aggrieved by directions issued U/Sec. 79(1) of the Maharashtra Co-operative Societies Act by the Divisional Deputy Registrar vide communication dated 29.06.2026 addressing the respondent No. 6 – Federation to undertake an action for termination/cancellation of the membership of constituent Co-operative Societies. 2026:BHC-KOL:5057 2 904 wp 2881.26 3. This Court need not go into the aspect as to whether impugned order is quasi judicial or administrative. 4. Learned Special Counsel Mr. S. B. Talekar appearing for the respondent Nos. 1 to 5 makes a candid statement that by the impugned communication only directions are issued to the respondent No. 6 – Federation regarding action to be taken for cancellation of membership. He submits that due procedure would be followed by the respondent No. 6 – Federation for taking action against the petitioners or the constituent Co-operative Societies. 5. There is no cancellation or termination of the membership of petitioner’s societies as yet. The direction is not for cancellation or termination of the membership. In view of the solemn statement made on behalf of the respondent Nos. 1 to 5, which is also acceptable to the learned counsel for the respondent No. 6, there is no reason to entertain the petition any further. 6. The writ petition is disposed of. This Court has not expressed any opinion on merits of the matter. It is expected that due procedure shall be followed and decision shall be taken on merits of the matter. [ SHAILESH P. BRAHME J. ] bsb/July 26