Bombay High Court
DEVIDAS SAKHARAM RATHODversusTHE COOPERATIVE COMMISSIONER AND REGISTRAR COOPERATIVE SOCIETIES AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is allowed, the order of the Co‑operative Commissioner is quashed, and the revision is to be decided on its merits by the Revisional Authority.
Summary
Devidas Sakharam Rathod challenged an order dated 28‑10‑2022 passed by the Divisional Joint Registrar, Cooperative Societies, Aurangabad, by filing a revision under Section 9 of the Maharashtra Money‑Lending (Regulation) Act, 2014. The High Court had earlier held in Writ Petition No. 14389 of 2019 that such a revision was not maintainable, leading to the dismissal of the revision for lack of jurisdiction. The petitioner subsequently filed a review application, which the Court allowed, thereby recalling the earlier observation. On the basis of the recall, the petitioner argued that the revision should be remitted to the Revisional Authority for adjudication on its merits. The Court allowed the writ petition, quashed the order dated 20‑06‑2024 of the Co‑operative Commissioner & Registrar (Money Lending), and directed that the matter be sent back to the Revisional Authority with fresh notice to the respondents. The interim relief previously granted was extended for an additional eight weeks.
Issues considered
- Whether a revision application under Section 9 of the Maharashtra Money‑Lending (Regulation) Act, 2014 is maintainable against the order of the Divisional Joint Registrar, Cooperative Societies.
- Whether, after the Court’s earlier decision was recalled on review, the revision should be remitted to the Revisional Authority for consideration on its merits.
Legislation cited
Subjects
- revision
- Section 9
- Maharashtra Money‑Lending Act
- cooperative societies
- writ petition
- jurisdiction
- quash order
- interim relief
Judgment
2026:BHC-AUG:43156
1
912-wp-8745-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8745 OF 2024
Devidas Sakharam Rathod
VERSUS
The Cooperative Commissioner And Registrar Cooperative
Societies And Others
...
Mr. A. A. Khande, Advocate for the Petitioner
Mr. B. V. Virdhe, AGP for Respondent-State
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 22ND SEPTEMBER, 2026
P.C. :-
. Feeling aggrieved by the decision and order dated
28.10.2022 passed by the Divisional Joint Registrar, Co-
operative Societies, Aurangabad in Appeal No.15 of 2022, the
petitioner has filed a Revision Application under Section 9 of
the Maharashtra Money-Lending (Regulation) Act, 2014.
Referring to a judgment and order passed by this Court in
Writ Petition No.14389 of 2019, wherein it was held that a
Revision under Section 9 was not maintainable against the
order passed by the Divisional Joint Registrar, the Revisional
Authority dismissed the Review Petition for want of
jurisdiction.
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912-wp-8745-2024
2. Mr. A. A. Khande, learned Advocate for the petitioner
would submit that Review Application no.196 of 2024 was
filed before this Court seeking review of the judgment and
order dated 24.04.2024 passed in Writ Petition No.14389 of
2019. After hearing the parties, this Court allowed the Review
Application and the judgment order dated 24.04.2024 supra
came to be recalled. Mr. Khande submits that the said
Revision also arose out of an order passed by the Revisional
Authority under Section 9 and the Writ Petition is pending for
hearing before this Court. Further contention of Mr. Khande is
that since observations by this Court to the effect that Revision
under Section 9 in the circumstances have subsequently been
recalled, the Revision needs to be remitted to the Revisional
Authority for consideration on its own merits.
3. Notices issued to the respondents in this Revision are
reported to be served, yet nobody caused appearance on
behalf of them. Since the observations that revision
Application under Section 9 would not be maintainable are
recalled, I deem it appropriate to dispose of this Writ Petition
by relegating the parties back to the Revisional Authority for
decision in the Revision on its own merits. Hence, I pass
following order:
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912-wp-8745-2024
ORDER
a. The Writ Petition stands allowed.
b. The order dated 20.06.2024, passed by the
Co-operative Commissioner & Registrar Co-
operative Societies (Money Lending),
Maharashtra State, Pune is quashed and set
aside.
c. The matter is relegated back to the
Revisional Authority for deciding the same on its
own merits.
d. The Revisional Authority shall issue notice
to the respondents in the Revision and shall
decide the same on its own merits after giving
due opportunity of hearing to the parties.
e. Writ Petition stands disposed of
accordingly.
f. The interim relief granted earlier, to
continue for further period of eight weeks from
today.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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