LAWS(BOM)-2001-10-171

NANASAHEB NAMDEO NIRMAL Vs. STATE OF MAHARASHTRA

Decided On October 18, 2001
Nanasaheb Namdeo Nirmal Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner, being aggrieved by the order dated 14th October, 1986 passed by the respondent No. 2 - Assistant Registrar. Cooperative Societies (Milk), Alunednagar. whereby the Respondent No.2 refused the registration to the proposed Bajranghali Cooperative Milk Society Ltd. at village Pimpri-Nirmal, Tq. Shrirampur, District Ahmednagar.

(2.) Few facts, which are relevant for the purpose of deciding this writ petition, can be briefly stated as follows:

(3.) Mr. Aher, advocate appearing for the petitioner, made three contentions before me to substantiate his argument that the impugned order dated 14.10.1986 passed by the Respondent No. 2, whereby the registration to the petitioner's proposed society came to be refused is mala fide, bad in law and thus is required to be quashed. It is submitted firstly by Mr. Aher that since before passing of the impugned order the petitioner was not heard, the principles of natural justice were totally violated. According to him, this was an order which had adversely affected the petitioner' and, therefore, it was. incumbent upon the respondent No. 2 to give personal hearing to the petitioner before passing the impugned order. To buttress. his argument, Mr. Aher relied upon the decision of this Court in the case of Shri. Hanurnan Dudh Utpadak Sahakari Sanstha Ltd. and another v. State of Maharashtra and others, reported in 1990 C.T.J. 115.