DATTATRAYA MAHADEV UGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this writ petition is to the order passed by respondent No.2 granting a stay to the order dtd. 31/10/2023 passed by the Regional Joint Director (Sugar)-respondent No.4 in the exercise of power under Sec. 81(3)(c) of the Maharashtra Cooperative Societies Act, 1960 ("the said Act") appointing respondent No.5 as Special Auditor for conducting a test audit of respondent No.6-society.

(2.) The petitioners are the complainants at whose instance respondent No.4 passed an order under Sec. 81(3)(c) of the said Act. The petitioners approached respondent No.2 for issuance of direction to respondent No.3 to direct respondent No.4 to conduct a test audit of respondent No.6 - Society. In furtherance of such directions, respondent No.4 passed an order dtd. 31/10/2023 appointing Respondent No.5 as Special Auditor to conduct a test audit of Respondent No.6. respondent No.6 challenged the order dtd. 31/10/2023 before Respondent No.1 by invoking power under Sec. 154 of the said Act. Respondent No.1, by the impugned order, granted a stay to the order dtd. 31/10/2023. Hence, the petitioners have filed a present writ petition.

(3.) Mr. Bhavake, learned advocate for the petitioners inviting my attention to the scheme of the said Act, and in particular Ss. 81, 152 and 153, submitted that the order passed under Sec. 81(3)(c) of the said Act is merely an administrative order and against such order revision under Sec. 154 of the said Act is not maintainable.