VITHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of learned counsel for the parties.

(2.) By this common judgment, all these petitions are being decided together inasmuch as common questions of fact and law are involved therein.

(3.) The petitioners challenge recovery certificates issued under section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short, "the MCS Act") and notices under section 107 issued by the Recovery Officer. They allege that they were not given due opportunity of hearing during the proceedings. They further alleged that some of them were not served with notices nor any opportunity was given to explain the stance. Their contention is that the recovery certificates have been issued without following provisions of Rules 86-A to 86-F of the Maharashtra Co-operative Societies Rules, 1961 (for short, "the MCS Rules"). Only the petitioners in Writ Petition No. 5281/2010 were served with notices; however, the procedure envisaged under the said Rules has not been followed by the Deputy Registrar. They would submit that the Deputy Registrar of Co-operative Societies (Taluka Aurangabad) half-hazardously proceeded to issue the certificates without taking due care to examine the record and also to verify whether the notices were served on them. Consequently, they seek indulgence of this Court to nullify the certificates issued against them.