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Bombay High Court

ASMITA ANKUSH TARATEversusDIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES NASHIK AND OTHERS

Disposal
DISPOSED OFF

Holding

The revision order was quashed because the Registrar should have first decided the condonation of delay before addressing the merits of the revision.

Summary

The petitioner challenged a September 16, 2015 order of the Divisional Joint Registrar, Co-operative Societies, Nashik, which dismissed a revision application along with a condonation of delay request. The petitioner argued that the Registrar decided the merits of the revision without first ruling on the condonation application, thereby denying a proper hearing. The respondents contended that the delay justified dismissal and that the petitioner had been heard. The Court observed that the Registrar had recorded hearing on the condonation application but proceeded to decide the revision merits without first granting condonation, violating procedural fairness. Consequently, the Court partially allowed the writ petition, quashed the impugned order, restored the condonation application, and directed the Registrar to decide the condonation first and then the revision with a proper hearing.

Issues considered

  • Whether the Divisional Joint Registrar could adjudicate the merits of a revision application without first deciding the application for condonation of delay.

Subjects

  • condonation of delay
  • revision application
  • procedural fairness
  • co-operative societies
  • writ petition
  • Divisional Joint Registrar

Judgment

2026:BHC-AUG:11979
             Dilwale                                     1                 102-WP-14454 -17.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                102 WRIT PETITION NO. 14454 OF 2017

                                       Asmita Ankush Tarate
                                             VERSUS
               Divisional Joint Registrar Co Operative Societies Nashik And Others
                                                ...
             Advocate for the Petitioner : Mr. L. H. Kawale h/f Mr. Suryawanshi
             Kamlakar J.
             AGP for Respondents: Mr. R. B. Dhaware
             Advocate for Respondent Nos.3 & 4 : Mr. Narwade Narayan B.
                                                ...

                                     CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                     DATE          : 18.03.2026

             PER COURT :
             1.        The petitioner is aggrieved by the order dated 16th September

             2015 passed by the Divisional Joint Registrar, Co-operative Societies,

             Nashik Division, Nashik in Revision Application No. 51.2014, whereby

             the revision filed by the petitioner along with application for condonation

             of delay came to be dismissed.

             2.        The learned counsel for the petitioner submits that an application

             for condonation of delay was filed before the Divisional Joint Registrar

             and the same was argued. It is submitted that without deciding the

             application for condonation of delay, the authority proceeded to consider

             the merits of the revision and ultimately rejected the application for

             condonation of delay. According to him, the Divisional Joint Registrar has

             committed an error in deciding the matter in such a manner.
Dilwale                                           2                102-WP-14454 -17.odt


3.        Per contra, the learned counsel for respondent Nos. 3 and 4

supports the impugned order. It is submitted that there was delay in filing

the revision and while considering the aspect of delay, the Divisional

Joint Registrar has also adverted to the merits of the matter. It is further

submitted that the petitioners were heard and, therefore, no fault can be

found with the impugned order.

4.        Having heard the learned counsel for the parties and upon perusal

of the impugned order, it appears that the Divisional Joint Registrar has

specifically recorded that arguments were heard on the application for

condonation of delay. Once the matter was heard only on the aspect of

delay, the authority ought not to have proceeded to decide the revision on

merits without first condoning the delay. The revision application has

thus been dismissed without granting an effective opportunity of hearing

on merits. In view of the findings recorded in the impugned order itself,

interference is warranted. Hence, I proceed to pass following order:

                                        ORDER

          (I)     The petition is partly allowed.

          (ii)    The order dated 16th September 2015 passed by the

                  Divisional Joint Registrar, Co-operative Societies, Nashik

                  Division, Nashik in Revision Application No. 51.2014 is

                  quashed and set aside.

          (iii)   The application for condonation of delay filed by the

                  petitioner is restored to the file.
Dilwale                                         3                  102-WP-14454 -17.odt


          (iv)   The Divisional Joint Registrar shall first decide the

                 application for condonation of delay and, if the delay is

                 condoned, shall thereafter decide the revision on its own

                 merits, after granting an opportunity of hearing to all

                 concerned parties.

          (v)    All contentions of the parties are kept open.

          (vi)   The interim order, if any, shall continue till the decision of

                 the revision application.

          (vii) The revisional authority shall decide the proceedings as

                 expeditiously as possible and preferably within a period of

                 four months from today.




                                        [ SIDDHESHWAR S. THOMBRE ]
                                                      JUDGE


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