Bombay High Court

PROPOSED NEW TAWARJA BHU JALASHYIN MATSYA VYAVASAY SAHAKARI SANSTHA MARYADITversusTHE STATE OF MAHARASHTRA THRUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Additional Registrar/Commissioner of Fisheries lacks jurisdiction to entertain revisions under Section 154 of the Maharashtra Cooperative Societies Act against orders of the Deputy Registrar; such revisions must be filed before the State Government.

Summary

The Bombay High Court examined a series of writ petitions concerning the jurisdiction of the Additional Registrar/Commissioner of the Fisheries Department to entertain revisions under the Maharashtra Cooperative Societies Act, 1960. The State Government clarified, via affidavit, that the Commissioner, as Additional Registrar, holds powers of the Registrar for fisheries cooperative societies but that revisions against orders of the Deputy Registrar must be filed before the State Government, not the Commissioner. The Court found that the Additional Registrar had acted without jurisdiction in entertaining revisions under Section 154 against the Deputy Registrar’s orders and quashed those decisions. Consequently, all the petitions were disposed of, with the Court directing petitioners to file appropriate revisions before the State Government within eight weeks. The State Government was further directed to decide any such revisions within six months, and interim reliefs were to continue until final decisions.

Issues considered

Whether the Additional Registrar/Commissioner of Fisheries has jurisdiction to entertain revisions under Section 154 of the Maharashtra Cooperative Societies Act against orders of the Deputy Registrar.
What is the correct forum for filing revisions or appeals against orders of the Deputy Registrar under various provisions of the Maharashtra Cooperative Societies Act.
Interpretation of the delegation of powers conferred by the Government Order dated 30.03.2000.

Legislation cited

Maharashtra Cooperative Societies Act, 1960 — s. 152, 154, 21A, 3
Maharashtra Co-operative Societies Rules, 1961

Subjects

Maharashtra Cooperative Societies Act
Section 154
revision jurisdiction
Fishery Department
delegation of powers
cooperative societies
administrative law
writ petitions
quashing order

Judgment

2026:BHC-AUG:19891
1 of 7 Sr. Nos.991, 994 and 1023-modified

This order is modified as per speaking to the minutes of order dated 29.04.2026.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

991 WRIT PETITION NO. 6807 OF 2017

SAYYAD ABDUL RAHIM PASHA
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Mahesh R. Sonwane, Advocate for the Petitioner.
Mr. R. B. Dhaware, AGP for Respondent-State.
Mr. Dnyaneshwar B. Pokale, Advocate for Respondent No.7.
...

WITH
WRIT PETITION NO. 7154 OF 2022

HANUMAN MASTYA YAVASAIK SAHAKARI SANSTHA LTD THROUGH
ITS CHAIRMAN SAKHARAM RAMBHAU BANGE
VERSUS
THE STATE OF MAHARASHTRA THROUGH COMMISSIONER AND
OTHERS
…
Mr. Ranjit D. Gaikwad h/f. Mr. D. J. Choudhri, Advocate for the
Petitioner.
Mr. R. B. Dhaware, AGP for Respondent-State.
Mr. N. L. Jadhav, Advocate for Respondent No.6.

WITH
WRIT PETITION NO. 7726 OF 2022

ADARSH BHUJALASHINE MASCHYA VYAVSAIK SAHAKARI SANSTHA
LTD BAMRUD RANICHE THROUGH ITS CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. R. T. Nagargoje and Mr. Anand I. Deshmukh, Advocate for the
Petitioner.
Mr. R. B. Dhaware, AGP for Respondent-State.
Mr. Manoj U. Shelke, Advocate for Respondent No.7.
…
2 of 7 Sr. Nos.991, 994 and 1023-modified

NOT ON BOARD, TAKEN ON BOARD
WITH
WRIT PETITION NO. 13976 OF 2023

PROPOSED NEW TAWARJA BHU JALASHYIN MATSYA
VYAVASAY SAHAKARI SANSTHA MARYADIT
VERSUS
THE STATE OF MAHARASHTRA THRUGH ITS SECRETARY AND
OTHERS
…
AND
994 WRIT PETITION NO. 6343 OF 2021

JAY BHAWANI MATSYA VYAVSAY SAHKARI SANSTHA MARYADIT
TAMALWADI THROUGH ITS CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Manoj U. Shelke, Advocate for the Petitioner.
Mr. B. A. Shinde, AGP for Respondent-State.
Mr. Vinod M. Vibhute, Advocate for Respondent No.7.
Mr. R. T. Nagargoje, Advocate for Respondent No.8.
…
AND
1023 WRIT PETITION NO. 6470 OF 2021

RAJMATA AHILYDEVI HOLKAR BHUJALASHIN MATSYA VYAVSAIK
SHAHAKARI SOCIETY MARYADIT THR CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
...
Mr. Ranjit D. Gaikwad h/f. Mr. D. J. Choudhri, Advocate for the
Petitioner.
Mr. R. B. Dhaware, AGP for Respondent-State.
Mr. N. P. Patil Jamalpurkar, Advocate for Respondents.
...
WITH
CIVIL APPLICATION NO. 3228 OF 2025
IN WP/6470/2021

RAJMATA AHILYDEVI HOLKAR BHUJALASHIN MATSYA VYAVSAIK
SHAHAKARI SOCIETY MARYADIT THR CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
…
3 of 7 Sr. Nos.991, 994 and 1023-modified

Mr. Ranjit D. Gaikwad h/f. Mr. D. J. Choudhri, Advocate for Applicant.
Mr. R. B. Dhaware, AGP for Respondent-State.
Mr. N. P. Patil Jamalpurkar, Advocate for Respondent No.7 in WP.

WITH
CIVIL APPLICATION NO. 7489 OF 2024
IN WP/6470/2021

RAJMATA AHILYDEVI HOLKAR BHUJALASHIN MATSYA VYAVSAIK
SHAHAKARI SOCIETY MARYADIT THR CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
…
Mr. Ranjit D. Gaikwad h/f. Mr. D. J. Choudhri, Advocate for Applicant.
Mr. R. B. Dhaware, AGP for Respondent-State.
Mr. N. P. Patil Jamalpurkar, Advocate for Respondent No.7 in WP.
…

AND
1027 WRIT PETITION NO. 10800 OF 2021

SHUBHAM MATSHYA VYAVASAYEEK SAHAKARI SANSTHA MARYADIT
RAMESHWAR THROUGH ITS CHAIRMAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. Ankush N. Nagargoje, Advocate for the Petitioner
Mr. R. B. Dhaware, AGP for Respondent-State.
Mr. Dhananjay M. Shinde, Advocate for Respondent Nos.8.
…

NOT ON BOARD, TAKEN ON BOARD
AND
WRIT PETITION NO. 4599 OF 2018

SHAIKH KATTUMIYA SHAMSHUDDIN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Mahesh R. Sonwane, Advocate for the Petitioner.
Mr. B. A. Shinde, AGP for Respondent-State.
4 of 7 Sr. Nos.991, 994 and 1023-modified

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18th APRIL, 2026
P.C.:-

1. Considering the analogous situation arising in all these

petitions, this Court, on 03.02.2026, passed the following order:-

“1. Heard the learned counsel for the petitioner.

2. So far as the powers of the Additional Registrar, who is
also the Commissioner of the Fishery Department are concerned,
this Court notices that in certain cases the appeals were
entertained by the Deputy Registrar (Fishery) and against such
orders, revisions were filed before the Additional Registrar/
Commissioner of Fishery Department. In some other cases,
appeals were entertained by the Additional Registrar and the
same were directly carried before the State Government.

3. The learned counsel for the respective parties submits
that in certain matters there were delegation of powers by the
Additional Registrar, who is also the Commissioner of the Fishery
Department, in favour of the Deputy Registrar (Fishery).
Consequently, appeals were filed before the Deputy Registrar
(Fishery) once the Deputy Registrar (Fishery) decides the appeal,
a revision before the Additional Registrar would not lie. However,
in some cases, the Deputy Registrar (Fishery) decided the appeals
and revisions were filed before the Additional Registrar /
Commissioner of Fisheries. Thus, an analogous and inconsistent
situation has arisen in the Fishery Department.

4. In view thereof, the Principal Secretary Co-operation
Department is directed to file an affidavit clarifying the said
position within a period of three weeks.”

2. Pursuant to the order passed by this Court, the Principal

Secretary, Department of Cooperation and Marketing, Mantralaya,

Mumbai, on behalf of the State Government, has filed an affidavit

dated 02.04.2026, which reads as under:-

“3. I say and submit that, u/s 3 of the Maharashtra
Cooperative Societies, Act, 1960 (hereafter referred as 'MCS Act,
5 of 7 Sr. Nos.991, 994 and 1023-modified

1960') the State Government has the power to appoint Registrar
and other officers and confer the powers of MCS Act, 1960 upon
them. As per Government Order dated 30.03.2000, the
Commissioner of Fisheries, Maharashtra State, Mumbai has been
appointed as Additional Registrar of Cooperative Societies and has
conferred with the powers of the Registrar in respect of Fisheries
Cooperative Societies and their Federations throughout
Maharashtra. Similarly, the Deputy Registrar, Cooperative
Societies (Fisheries), Maharashtra State, Mumbai has also been
conferred with specified powers of the Registrar under the MCS
Act, 1960 and the Rules there under. Annexed hereto and marked
as Exhibit A is the copy of the Order dated 30th March, 2000.
4. It is submitted that, the Commissioner of Fisheries,
Government of Maharashtra, functions as an Additional Registrar
and is vested with all the powers of the Registrar under the MCS
Act, 1960 and the Maharashtra Co-operative Societies Rules,
1961, in respect of Fisheries Co-operative Societies and their
Federations situated within his territorial jurisdiction.
5. I say that, in case of the order passed by the Deputy
Registrar, Co-operative Societies (Fisheries), Mumbai u/s 152 of
MCS Act, 1960, the revision shall lie u/s 154 before the State
Government. As the powers of the Registrar u/s 152 of the MCS
Act are already delegated to the Deputy Registrar, Cooperative
Societies (Fisheries), Mumbai by order dated 30.03.2000, the
Revision against the order passed by Deputy Registrar (Fisheries)
under the said Section could not be filed before the Commissioner
of Fisheries, Mumbai.
6. I say and submit that, in case of the orders passed by
the Assistant Registrar, Cooperative Societies (Dairy) under any
provision other than the Sections mentioned in Section 152, at
present the Revision shall lie u/s 154 of MCS Act before the
Deputy Registrar, Cooperative Societies (Fisheries), Mumbai.
However, the Department of Fisheries has advised the
Cooperation Department to carry out the necessary modification
in the order dated 30.03.2000 so as to retain the powers of
Revision with Commissioner of Fisheries, Mumbai. Accordingly,
the necessary modification shall be carried out in the said order
dated 30.03.2000 by this Deponent.
7. I say and submit that, if any order is passed in Revision
u/s 154 by the Commissioner (Fisheries), Mumbai, the second
Revision would not lie against such order before the State
Government.
8. I say and submit that, in case of the orders passed by
Deputy Registrar, Cooperative Societies (Fisheries), Mumbai, in
respect of the Fisheries Societies/Federations as the Registrar of
such societies under various provisions as mentioned in Section
152 of MCS Act (excluding Section 21A), the Appeal u/s 152
6 of 7 Sr. Nos.991, 994 and 1023-modified

against such orders shall lie before the State Government.
Similarly, in case of the orders passed by Deputy Registrar,
Cooperative Societies (Fisheries), Mumbai under various
provisions other than those mentioned in Section 152 of MCS Act,
the Revision u/s 154 shall lie before the State Government.
9. I say and submit that, in view of the provision in sub-
section (5) of Section 21A, the powers under sub-section (1) & (2)
of Section 21A shall be exercised by the Commissioner of
Fisheries, Mumbai.”

3. Further, the Principal Secretary, vide letter dated 01.04.2026,

informed the office of the Fisheries Department to take necessary

action in accordance with the clarification issued therein. In view of the

same, the State Government has clarified its stand pursuant to the

affidavit filed hereinabove. Therefore, it was expected on the part of

the concerned authorities to strictly comply with the directions issued

by the State Government dated 01.04.2026, which has been placed on

record by way of affidavit. Considering the above, I find that all these

petitions deserve to be disposed of and accordingly, they are being

disposed of in terms of the observations made hereinabove.

4. Upon perusal of the record, it appears that the Additional

Registrar/Commissioner of the Fishery Department, while exercising

powers under Section 154 of the Maharashtra Cooperative Societies

Act, 1960, entertained the revision against the order passed by the

Deputy Registrar (Fishery). In view of the clarification issued by the

State Government, as referred to hereinabove, the Additional

Registrar/Commissioner of the Fishery Department did not have the
7 of 7 Sr. Nos.991, 994 and 1023-modified

jurisdiction to decide the same. Therefore, the order passed by the

Additional Registrar/Commissioner of the Fishery Department is

hereby quashed and set aside.

5. In all these petitions are disposed of. The Respondents

except in Writ Petition No.10800 of 2021 and Petitioner in Writ Petition

No.10800 of 2021 are at liberty to challenge the order passed by the

Deputy Registrar before the State Government within a period of eight

weeks from today. The delay caused in prosecuting the present

petitions shall be taken into consideration by the State Government

while considering such revisions. Upon filing of the revisions within the

aforesaid period, the State Government is directed to decide the same

within a period of six months thereafter.

6. Interim relief, if any, granted earlier shall continue until the

State Government decides the matters.

7. In view of disposal of writ petitions, civil applications do not

survive and they are also disposed of.

(SIDDHESHWAR S. THOMBRE, J.)

Tauseef

Continue reading with your account

Checking your session…