Bombay High Court
THE DHULE AND NANDURBAR DISTRICT CENTRAL CO OP. BANK LTD THU CHIEF EXECUTIVE OFFICER D B CHOUDHARIversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The order dated 7 April 2017 is quashed and the revision is remanded to the State Government for fresh consideration.
Summary
The Dhule and Nandurbar District Central Co‑Op Bank Ltd filed a writ petition challenging the order dated 7 April 2017 issued by the Maharashtra Minister for Co‑operation, which dismissed its revision application under Section 154 of the Maharashtra Co‑operative Societies Act. The petitioner relied on a prior decision involving the Jalgaon District Central Co‑operative Bank where a similar revision was allowed, arguing that the Minister’s inconsistent rulings warranted intervention. The Court examined the record and found that the Minister had indeed taken contradictory views in identical factual circumstances. Consequently, the Court quashed the impugned order, restored the petitioner's revision filing, and remanded the matter to the State Government for fresh consideration within three months. No opinion was expressed on the merits of the revision itself, and the amount deposited by the petitioner remains with the Court pending the fresh decision.
Issues considered
- Whether the order dated 7 April 2017 dismissing the revision under Section 154 of the Maharashtra Co‑operative Societies Act can be sustained in view of an earlier inconsistent decision in a similar case.
Legislation cited
Subjects
- Co-operative banks
- Revision
- Maharashtra Co-operative Societies Act
- Inconsistent administrative orders
- Writ petition
- Administrative law
Judgment
2026:BHC-AUG:18313
78.WP.11338.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11338 OF 2017
The Dhule And Nandurbar District Central
Co Op. Bank Ltd Through Chief Executive
Officer D.B. Choudhari ...Petitioner
Versus
The State of Maharashtra and Others ...Respondents
***
Mr. V. D. Hon, Senior Counsel i/b Mr. Amol S. Sawant, Advocate for
the Petitioner
Mr. D. R. Korde, AGP for Respondent – State.
***
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : APRIL 08, 2026
PER COURT :
1. Heard learned Counsel for the parties.
2. The petitioner assails the order dated 07 th April 2017 passed by
learned Minister for Co-operation, Maharashtra State in Revision
Application No. 1113 of 2011.
3. After arguing for some time, Mr. Hon, learned Senior Counsel
assisted by Mr. Amol Sawant, learned counsel for the petitioner,
tenders a copy of the order dated 18 th June 2015 passed by the learned
Minister in respect of the Jalgaon District Central Co-operative Bank,
wherein, in a similar set of facts, the revision filed under Section 154
of the Maharashtra Co-operative Societies Act came to be allowed.
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78.WP.11338.2017.odt
4. The learned Senior Counsel submits that the issue involved
in the present petition is substantially identical to the one decided in
the case of the Jalgaon District Central Co-operative Bank. However,
while the revision in that case was allowed, the revision filed by the
present petitioner has been dismissed. He, therefore, submits that the
matter deserves to be remanded to the State Government for fresh
consideration.
5. Having considered the submissions and upon perusal of the
record, it appears that in an identical set of facts, the learned Minister
has taken inconsistent views. In such circumstances, the impugned
order cannot be sustained.
6. Accordingly, the writ petition is partly allowed. The order
dated 07th April 2017 passed by the learned Minister is hereby quashed
and set aside. The matter is remanded to the State Government for
fresh consideration. The revision filed by the petitioner before the
State Government bearing RVA No. 2011/P.K. 1113/15-S is restored to
file.
7. The learned Minister is directed to decide the revision
afresh, on its own merits and in accordance with law, within a period
of three months from today.
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78.WP.11338.2017.odt
8. It is made clear that this Court has not expressed any
opinion on the merits of the case. The amount deposited by the
petitioner shall remain in this Court till the decision of the revision.
Thereafter, the parties shall be at liberty to take appropriate steps in
respect of amount deposited.
9. The parties shall appear before the learned Minister on 20 th
April 2026.
10. All contentions of the parties are kept open.
( SIDDHESHWAR S. THOMBRE, J. )
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