ASHOK MAHADEVAN Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.

(2.) In these proceedings under Article 226 of the Constitution, the Petitioners have sought a writ of prohibition against the First Respondent, the Divisional Joint Registrar of Co-operative Societies, from proceeding with an application dated 15 March 2012 filed by Respondents 2, 3 and 6, seeking sanction to prosecute the Petitioners under Section 148 of the Maharashtra Co-operative Societies Act, 1960. Section 148 specifically provides that no prosecution under the Act shall be lodged, except with the previous sanction of the Registrar. The application which has been filed by Respondents 2, 3 and 6 is pending before the First Respondent.

(3.) The application for sanction proceeds on the basis that the Pilot Bunder Co-operative Housing Society was allotted a plot of foreshore land by the Collector, admeasuring 4048 sq.mtrs. for housing defence and civil services officers, serving and retired. A lease agreement was entered into on 7 March 1967 and a formal lease was executed by the Government on 10 August 1971 for a term of 99 years on an annual rent. Membership of the Society is alleged to be restricted to officers in service and equivalent civilian officers serving or retired. Moreover, it has been stated that the licensee was restricted from transferring, assigning, encumbering or parting with its interest and the benefit of the agreement without the previous consent of the Collector/Government.