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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.

          Shrikant Malani                                                     Page 1 of 3
                                                               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.


Shrikant Malani                                                        Page 2 of 3
                                                                  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. )




Shrikant Malani                                                           Page 3 of 3


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