PRAKASH RAGHUNATH SAAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The broad issues that arise for consideration in the present Petition are as under:

(2.) Above questions arise in the light of challenge set up by the Petitioner to order dtd. 21/8/2024 passed by the Hon'ble Minister (Co-operation) dismissing the Appeal preferred by him and confirming the order dtd. 8/11/2023 passed by the Divisional Joint Registrar of Co-operative Societies, Konkan Division, Navi Mumbai, allowing Miscellaneous Application No.39 of 2023 filed by Respondent No.4-Developer thereby ordering de-registration of cooperative society formed by the flat purchasers, which was registered vide Certificate dtd. 26/7/2017.

(3.) Brief facts leading to the filing of the present Petition are that Respondent No.4-M/s. Jainam Builders has constructed a building named- Harmony Plaza Premises on land bearing Survey No.112/3/1, opposite S.T. stand, Boisar Tarapur Road, Boisar (West), Taluka and District-Palghar. Initially the construction of the building was commenced by another developer, M/s. Harmony Developers, which was a partnership firm and which had completed construction of 25 units in the building. M/s. Harmony Developers entered into development agreement dtd. 18/8/2008 with Respondent No.4- M/s. Jainam Builders and transferred development rights in the land in favour of Respondent No.4. This is how Respondent No.4 became promoter of the said building and constructed 198 units in the building including the initial 25 units constructed by M/s. Harmony Developers. It appears that by the year 2017, Respondent No.4 had sold 83 units out of total 198 units constructed in the building. The shop purchasers decided to form a cooperative Society and preferred an application for registration thereof before the Assistant Registrar, Co-operative Societies, Palghar Taluka. The Assistant Registrar issued certificate of registration dtd. 26/7/2017 thereby registering Harmony Plaza Premises Co-operative Society. Respondent No.4 got aggrieved by registration of the Society formed by the unit purchasers and accordingly filed Miscellaneous Application No.39 of 2023 before the Divisional Joint Registrar seeking de- registration of the society under the provisions of Sec. 21A of the MCS Act. The application was opposed by the Society as well as by the shop purchasers by filing reply. The Divisional Joint Registrar allowed the application preferred by Respondent No.4 by order dtd. 8/11/2023 and directed de-registration of the society with further direction for appointment of Official Assignee to look after affairs of the society. Petitioner, who was the Chief Promoter of the Society filed appeal before the Hon'ble Minister challenging order dtd. 8/11/2023. The appeal is however rejected by the Hon'ble Minister by order dtd. 21/8/2024. Accordingly, Petitioner has filed the present Petition challenging the decisions of the Divisional Joint Registrar and the Hon'ble Minister.