Bombay High Court

MAHESH BHARTIYAversusDY REGISTRAR, C. S. T- WARD , MULUND , MUMBAI AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is disposed as the respondents withdrew the orders directing the re‑audit and appointment of the auditor.

Summary

The petitioners, former committee members of Lok Nisarg Co‑operative Housing Society, filed a writ petition under Article 226 challenging two orders dated 23 January 2024 and 20 March 2024 that directed a re‑audit of the society and the appointment of a special auditor. They alleged that the orders were issued at the behest of disgruntled members who later became the managing committee and that the new committee had passed a resolution on 26 October 2025 withdrawing all complaints against the former members. The respondents, the Deputy Registrar and the District Deputy Registrar of Co‑operative Societies, accepted the resolution and withdrew the impugned orders. The High Court, noting the categorical withdrawal by the respondents, held that there was nothing left to adjudicate and disposed of the petition. Consequently, the orders directing the re‑audit and appointment of the auditor were set aside by operation of the respondents’ withdrawal.

Issues considered

What is the effect of a withdrawal of complaints by a co‑operative society's managing committee on earlier orders directing a re‑audit and appointment of an auditor?
Whether the High Court can entertain a writ petition under Article 226 after the respondents have withdrawn the impugned orders.

Subjects

Article 226
Co‑operative Societies Act
re‑audit
special auditor
withdrawal of order
resolution
writ petition

Judgment

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                  CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO.2440 OF 2025

Mahesh Bhartiya
Age – 56 Years,
Flat No.B1/002, Lok Nisarg CHS Ltd.,
Vaishali Nagar, Ghatipada Road,
Mulund (West), Mumbai – 400 080                          … Petitioner

   V/s.

1. Deputy Registrar, C.S. T-Ward,
   Mulund, Mumbai, Acc Compound,
   JSD Marg, Mulund (West),
   Mumbai – 400 080

2. District Deputy Registrar, C.S., - 2,
   East Suburban, Mumbai,
   having its address at 201, 2nd Floor,
   Konkan Bhavan, CBD Belapur,
   Navi Mumbai – 400 614

3. Divisional Joint Registrar, Co-op Soc.,
   Mumbai Division, 6th Floor, Malhotra House,
   Opp. GPO, Fort, Mumbai – 400 001

4. Lok Nisarg CHS Ltd.,
   B-5/001, Vaishali Nagar, Ghatipada Road,
   Mulund(WEst), Mumbai – 400 080

5. Latika Naik,
   Chartered Accountants
   C-01, 303, Lok Surabhi,
   Near Patri Pool, Kalyan(West),
   Maharashtra – 421 301

6. Rajratan Kothari
   Having its address at

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      C/201, Sai Classic Building,
      Mulund(East), Mumbai – 400 081

7.    K.D. Sagar, Special Auditor, Class – 2
      Kanmur House, 2nd Floor,
      Narsi Nath Street, Masjid Bunder,
      Mumbai – 400 009

8.    D.B. Poojary
      Flat No.B1/501, Loknisarg CHS Ltd.,
      Vaishali Nagar, Ghatipada Road,
      Mulund(West), Mumbai – 400 080

9.    Ravi Uchil
      Flat No.B5/703, Loknisarg CHS Ltd.,
      Vaishali Nagar Ghatipada Road,
      Mulund(West), Mumbai – 400 080

10. Arun Bhalerao
    Flat No.B2/504, Loknisarg CHS Ltd.,
    Vaishali Nagar Ghatipada Road,
    Mulund(West), Mumbai – 400 080

11. G.P. Lagad
    Flat No.B3/501, Loknisarg CHS Ltd.,
    Vaishali Nagar Ghatipada Road,
    Mulund(West), Mumbai – 400 080

12. Giridhar Gawand
    Flat No.B3/604, Loknisarg CHS Ltd.,
    Vaishali Nagar Ghatipada Road,
    Mulund(West), Mumbai – 400 080

13. Shreedhar Shetty
    Flat No.B5/402, Loknisarg CHS Ltd.,
    Vaishali Nagar Ghatipada Road,
    Mulund(West), Mumbai – 400 080

14. Prakash Lagad
    Flat No.B3/703, Loknisarg CHS Ltd.,
    Vaishali Nagar Ghatipada Road,
    Mulund(West), Mumbai – 400 080



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     15. Sudesh Jagtap
         Flat No.B4/302, Loknisarg CHS Ltd.,
         Vaishali Nagar Ghatipada Road,
         Mulund(West), Mumbai – 400 080                   … Respondents


Mr. Amogh Singh a/w Mr. P. V. Shekhawat & Mr. Rahul Arora i/by Mr. P. V.
Shekhawat for the Petitioner.
Mr. V. G. Badgujar, AGP for the Respondent-State.
Mr. T. R. Yadav i/by Ms. Seema Chopda for Respondent No.4.
Ms. Padma Chinta for Respondent Nos.8 to 15.
Mr. Kiran A. Sonawane, District Deputy Registrar-2, C.S. Mumbai(E)
Suburban, present.


                               CORAM :      A. S. GADKARI AND
                                            KAMAL KHATA, JJ.
                                  DATE :    6th March, 2026

JUDGMENT (PER : A. S. GADKARI, J.) :-

1)           By this Petition under Article 226 of the Constitution of India,

the Petitioners, erstwhile Committee Members of Respondent No.4 Society

have impugned Orders dated 23rd January, 2024 passed by Respondent

No.1 i.e. Deputy Registrar, Co-operative Societies, T-ward, Mulund, Mumbai

and dated 20th March, 2024 passed by Respondent No.2 i.e. District Deputy

Registrar, Co-operative Societies-2, East Suburban, Mumbai.

1.1)         By the Order dated 23rd January, 2024 passed by the

Respondent No.1, the concerned Authority had directed re-audit of the

Respondent No.4 Society.

1.2)         That, by an Order dated 20th March, 2024, the Respondent

No.2 had appointed Respondent No.7 to conduct the said re-audit.



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2)            Mr. Singh, learned counsel appearing for the Petitioner on

instructions submitted that, the said Orders were passed at the behest of

disgruntle members of the Society, who subsequently became Managing

Committee Members of the Respondent No.4 Society. That, the new

Managing Committee of Respondent No.4 Society has thereafter passed

Resolution No.10 in its General Body Meeting dated 26 th October, 2025

thereby, withdrawing all the complaints filed against erstwhile Committee

Members of the said Society.

2.1)          He tendered across the bar a photocopy of the said Resolution

No.10 dated 26th October, 2025.

3)            As the General Body Meeting of Respondent No.4 unanimously

passed Resolution No.10 thereby, taking a decision to withdraw the

proceedings against the erstwhile Committee Members, learned AGP on

instructions from the Respondent No. 2 submitted that, the Respondent

No.1 and Respondent No.2 with immediate effect, withdraw the impugned

Orders dated 23rd January, 2024 and 20th March, 2024.

4)            In view of the abovesaid categorical statement made by the

Respondent Nos.1 and 2, nothing further survives in the Petition and is

accordingly disposed off.

4.1)          Rule is accordingly made absolute in the aforesaid terms.



           (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)

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