BHANDARA ZILLA PARISHAD WA PANCHAYAT SAMITI KARAMACHARI SAHAKARI SANSTHA LTD. Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) By this petition filed under Article 226 & 227 of Constitution of India, the petitioner Society seeks a direction to respondent no. 1 Divisional Joint Registrar, Cooperative Societies to exercise powers under Section 79 of Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as '1960 Act'). Other prayer in the alternative is to direct respondent no.2 Cooperative Society, Gondia to handover to the petitioner the assets as detailed in para 15 of the petition. There is one more alternate prayer & by it petitioner seeks a direction to respondent no. 3 State of Maharashtra to complete the process of bifurcation of the Cooperative Societies.

(2.) The facts are not in dispute. Earlier Bhandara district comprised of two areas which now form separate districts namely, Bhandara and Gondia. It was having a single Cooperative Society by name "Bhandara Zilla Parishad Wa Panchayat Samiti Karmachari Sahakari Sanstha, Bhandara" with Registration No. 102. Area of Bhandara and Gondia towns was then divided and two distinct districts i.e. Bhandara district and Gondia district were formed. Because of coming into existence of two independent revenue districts, it was also proposed to subdivide above mentioned single Society. Proposal for said purpose was finalized on 12/9/2006. The proposal was then processed and orders under Section 18C of 1960 Act have been issued by respondent no. 3 State Government on 30th May, 2007 / 2nd June, 2007.

(3.) This petition is filed by a new Society which has been consequently registered for Bhandara district with prayers mentioned supra. The petitioner Society has been registered as an independent/new Society on 23/11/2007, while respondent no. 2 Society has been registered on 15/3/2008.