HANUMANT PANDURANG DESHMUKH Vs. VITHAL MARUTI BHOSALE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of the parties.

(2.) This common judgement shall dispose of Writ Petition No. 263 of 2016, Writ Petition No. 2940 of 2018, Writ Petition No.5711 of 2017 and Writ Petition No. 12653 of 2017. Writ Petition No. 263 of 2016 has been filed under Articles 226 and 227 of the Constitution of India to challenge the legality, validity and proprietary of the order dated 16.12.2015 passed by respondent No.5 i.e. Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur in Revision proceedings under the provisions of Section 154 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the said Act '). By the impugned judgment, respondent No.5, has allowed Revision Application No.75 of 2015 filed by respondent No.1 and has set aside the public auction dated 03.05.2014 and Sale Certificate dated 29.06.2015 granted in favour of the petitioner subject to payment of the entire dues of the respondent No.2 Society by the respondent No.1 within a period of one month from the date of the order. The petitioner is the successful auction purchaser in whose favour the sale confirmation / certificate has been issued. Writ Petition No. 263 of 2016 has been filed for the following reliefs :-

(3.) For the sake of convenience, the parties have chosen to argue W.P.No. 263 of 2016 as the facts in all the four petitions are identical.