LIKHAN S/O URKUDJI MESHRAM Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) For the reasons stated in the Application, the Application is allowed.

(2.) This is a Writ Petition under Articles 226 and 227 of the Constitution of India challenging the Certificate issued under Sec. 101 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the said Act") dtd. 03/05/2002. The present Writ Petition was filed on 15/03/2010. In the interregnum, the Special Recovery Officer conducted the Auction Proceedings under Rule 101 of the Maharashtra Co-operative Societies Rules, 1961 (hereinafter referred to as "the said Rules"). The auction is complete. The Sale Certificate had been issued in favour of the Auction Purchaser. Petitioners challenge the validity of the Sale Certificate by the amendment on 11/06/2010.

(3.) According to the learned Advocate for the Petitioners, the Certificate under Sec. 101 of the said Act had been issued without giving him an opportunity to hear. The Certificate contains no reasons. The mandatory procedure required while conducting the auction under Sec. 107 has not been followed. The proclamation is not in the newspaper having wide circulation. The auction had been conducted after six months from the date of fixing the upset price. If the order of issuance of Certificate under Sec. 101 is set aside, consequential Proceedings under Rule 107 are a nullity. Therefore, the Sale Certificate along with the Certificate under Sec. 101 of the said Act, deserves to be set aside. According to him, the delay/laches in filing the present Writ Petition was on the ground of wrong advice given by the Advocate. The Petitioner, the laymen, acted per the earlier Advocate's directions.