NARSINHA N.NAIK Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) By this Petition filed under Article 226 and 227 of Constitution of India, petitioners who claim to be owners of Flat No.4/99 in complex of one Prashanti Mangaldham Co-operative Society Ltd. have questioned the order passed by Divisional Joint Registrar, Co-operative Societies, Mumbai in Revision Application No. 36/1998 dismissing their revision and thereby confirming their proclamation for sale issued on 22 nd November, 1997. It is not in dispute that said proclamation is issued by the Dy. Registrar in exercise of powers under Section 156 read with Section 101 of Maharashtra Co-operative Societies Act,1960 and Rule 107 of 1961 rules framed thereunder. (Said Act is referred to as 1960 Act hereinafter). This Court has on 21 st December, 1998 granted ad-interim relief and stayed that proclamation. Said interim order continues to operate even today.

(2.) Case of Petitioner is he has been placed in possession of suit flat on 7 th February, 1995 by Partner of respondent no.4. The said Partner namely Mr. Madhukar Sawant has entered into an agreement for sale with him on 20 th December, 1994. The petitioner got knowledge on 2 nd January, 1995 about the recovery proceedings initiated by respondent no.2 against said Madhukar when their application for grant of membership was rejected by the above mentioned Prashanti Mangaldham Society. The application under Section 154 filed by petitioners in the matter was ultimately allowed by Divisional Joint Registrar and the order dated 23 rd January, 1996 passed by Dy. Registrar rejecting petitioner's appeal was set aside. The case was remanded back to said Dy. Registrar for further consideration of the matter. On 4 th December, 1997 ultimately the petitioner no.1 was admitted as member and petitioner no.2 came to be admitted as co-member.

(3.) On 22 nd November, 1997 respondent no.2 issued the impugned proclamation under Section 156 read with Rule 107 of above mentioned rules and attached said flat. This action was in furtherance of Revenue Recovery Certificate dated 7 th November, 1996 issued by Assistant Registrar, i.e. Competent Authority in Recovery Case No. 556/1994 under Section 101 of the Co-operative Societies Act.