CHANDRAKANT DHONDIBA KOLAVALE Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Advocate for the parties. Perused the record. Rule. By consent rule is made returnable forthwith.

(2.) THE petitioner challenges orders dated 27-11-2001, 31-1-2002 and 7-2-2002 passed by the lower authorities acting under the provisions of the Maharashtra Co-operative Societies Act, 1960, hereinafter called as "the said Act", rejecting the application filed by the petitioner for registration of the proposed society, viz. Dipak Aba Vikas Karyakari Sahakari Society Ltd. , Ajnale, Taluka Sangola, District Solapur.

(3.) THE facts in brief are that the petitioner being an agriculturist, with the help of some of the villagers, who are also agriculturists from the village of Kolavale, proposed to form Vividh Karyakari Sahakari Society in the said village for catering the needs of agriculturists and as Chief Promoter of the said proposed society applied for the registration thereof. The request for registration was turned down by the respondent No. 4, without even giving an opportunity to the petitioner and the same was communicated to the petitioner by the letter dated 21st November, 2001, by respondent No. 5. The proposal for registration of the society was in fact submitted by the petitioner on 25th June, 2001. The refusal was communicated by letter dated 21st November, 2001. The only ground disclosed for refusal was that there is one more society in the village and therefore it is not appropriate to grant registration of another society in the same village. The petitioner preferred an appeal being the Appeal No. 118 of 2001 before the respondent No. 3, which came to be dismissed by the order dated 21-11-2001. The petitioner thereafter preferred the revision application which also came to be rejected by the order dated 7-2-2002 passed by the Minister in charge. Hence, the present petition.