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Bombay High Court

MARATHWADA FISHERMEN CO OPERATIVE SOCIETIES THR ITS CHAIRMAN AYUB SULEMAN SAYYEDversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that no coercive action may be taken against the petitioner until the stay application is decided, and directed the respondent to decide the stay within four weeks.

Summary

The Marathwada Fishermen Co‑Operative Societies (Petitioner) challenged the cancellation of its registration dated 30‑06‑2026 by filing a revision petition and a stay application on 14‑08‑2026. The Assistant Registrar had directed the petitioner to surrender its records and property, but the stay application remained unattended. The High Court granted leave to delete Respondent No.6 and ordered that Respondent No.1 decide the pending stay application within four weeks of receiving the order. The Court further directed that no coercive action be taken against the petitioner until the stay is decided. The petition was thereby disposed with directions for prompt adjudication of the stay.

Issues considered

  • Whether the pending stay application should be decided before any coercive action is taken against the petitioner
  • Whether the cancellation of the petitioner’s registration can be enforced while the stay application is pending

Subjects

  • registration cancellation
  • stay application
  • coercive action
  • revision petition
  • co‑operative society
  • high court

Judgment

                                   *1*                    19-wp-11950-2026


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  19 WRIT PETITION NO. 11950 OF 2026

Marathwada Fishermen Co Operative Societies Thr Its Chairman
                     Ayub Suleman Sayyed
                            VERSUS
      The State Of Maharashtra Thr Its Secretary And Others
                               ...
Mr. A. N. Nagargoje & Mr. D. M. Mane, Advocate for the
Petitioner
Mr. N. D. Batule, AGP for Respondents/State
                               ...

                       CORAM : NITIN B. SURYAWANSHI &
                               ABASAHEB D. SHINDE, JJ.
                       DATE : 7th SEPTEMBER 2026

P. C. :-

1.         Leave to delete Respondent No.6 is granted. Deletion be

carried out forthwith.

2.         The Registration of the petitioner is cancelled vide order

dated 30.06.2026. The petitioner has challenged the said order

before Respondent No.1 by filing Revision Petition along with

the        Stay    Application.   By     order   dated   18.08.2026,

Respondent/Assistant Registrar has directed the petitioner to

hand over the record and the property of the petitioner to his

office. Till date, the Stay Application of the petitioner is not

considered. Hence, this petition.


Narwade
                                  *2*                    19-wp-11950-2026


3.        Taking into consideration, the peculiar facts of the case,

we deem it appropriate to dispose of this petition by directing

Respondent No.1 to decide the Stay Application of the petitioner

filed on 14.08.2026, within a period of four (4) weeks from the

date of receipt of copy of this order.

4.        Till the Stay Application of the petitioner is decided, no

coercive action be taken against the petitioner.




(ABASAHEB D. SHINDE, J.)                (NITIN B. SURYAWANSHI, J.)




Narwade


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