Bombay High Court

KISAN VITTHAL BORATE AND OTHERSversusTHE HONBLE MINISTER STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: AJIT B KADETHANKAR

Holding

The Court directs the Divisional Joint Registrar to decide the petitioners' appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 within three months from the date of the order.

Summary

The petitioners, Kisan Vitthal Borate and others, filed a writ petition seeking a direction that the Divisional Joint Registrar, Co-operative Societies, Nashik, decide their appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 within a fixed period. Their earlier applications for a stay of the appeal were rejected by the Registrar and a revision before the Minister was also dismissed. The petitioners were subsequently disqualified by the cooperative authorities, heightening the urgency of a timely decision. The respondent’s AGP agreed to the petitioners’ fair submission. The Court disposed of the writ petition, directing the Registrar to decide the appeal within three months and to consider any protective applications filed by the petitioners in the meantime.

Issues considered

Whether the High Court can direct an administrative authority to decide an appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 within a specified time frame.

Legislation cited

Maharashtra Co-operative Societies Act, 1960 — s. 152

Subjects

writ petition
Section 152
Maharashtra Co-operative Societies Act
time-bound decision
disqualification
cooperative societies
jurisdiction
stay order

Judgment

                                                       16-wp7057.2025.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    WRIT PETITION NO. 7057 OF 2025

Kisan Vitthal Borate and ors.                       ..Petitioners
      vs.
State of Maharashtra and ors.                       ..Respondents

                                   ----
Mr.R.R.Karpe, Advocate for petitioners
Mrs.M.L.Sangit, AGP for respondent nos.1 to 3
                                   ----

                                 CORAM :   AJIT B. KADETHANKAR, J.
                                 DATE :    MARCH 04, 2026
ORDER :-

            Instead of arguing the petition on merits, Mr.Rahul Karpe,

learned counsel for the petitioners, would make a fair submission that

the appeal filed by the petitioners under Section 152 of the

Maharashtra Co-operative Societies Act, 1960 (“Act of 1960” for

brevity) may be directed to be decided on its own merits within a time

bound manner. He would submit that the application for stay filed by

the petitioners in the appeal under Section 152 of the Act of 1960 has

been turned down by the Divisional Jt. Registrar, Co-operative

Societies, Nashik Division, Nashik. That, the revision preferred by the

petitioners before the Hon’ble Minister, Department of Co-operation,

Mantralaya, Mumbai has also been rejected and as such the present

petition is filed by the petitioners.
                                     2                      16-wp7057.2025




2.          Mr.Karpe, learned counsel for the petitioners, would

further submit that in the meantime, the present petitioner nos.1

to 3 have been disqualified by the co-operative authorities and rest

of the petitioners do apprehend that they would also be disqualified.

On this backdrop, Mr.Karpe, learned counsel for the petitioners has

made fair statement to direct the concerned authority i.e. Joint

Registrar, Co-operative Societies, Nashik Division, Nashik, to decide

the petitioners’ appeal under Section 152 of the 1960 Act within time

bound manner.



3.          Learned AGP would agree to such fair submission made

by learned counsel for the petitioners.



4.          In view of the above, the Writ Petition stands disposed of

with a direction to the respondent no.2 – Divisional Joint Registrar,

Co-operative Societies, Nashik Division, Nashik, to decide the

petitioners’ appeal under Section 152 of the Act of 1960, within a

period of three months from today.



5.          If an application is filed by the petitioners with the

authority, seeking protection against any coercive action, the
                                     3                        16-wp7057.2025



concerned   authority   shall   decide   such   application   and    pass

appropriate order considering the pendency of the main appeal

under Section 152 of the Act of 1960.




                                [AJIT B. KADETHANKAR, J.]


KBP

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