KONDIBA KASHIBA AHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Returnable forthwith. Other side waives notice. Heard both sides. Both these cases relate to a policy of the Government regarding registration of the new dairy co-operatives in the State. A resolution dated 2nd August, 1985 is produced before us whereby earlier policy in the field stands reviewed and certain guidelines are laid down. Obviously in the present cases the orders regarding collection of milk were passed prior to this resolution dated 2nd August, 1985. It is needless to say that the powers of registration of the Co-operative Societies vest in the Registrar or the competent authority under Section 9 of the Co-operative Societies Act. That is a quasi-judicial power. Against the decision of the Registrar or the competent authority, an appeal under Section 152 lies. Therefore, these matters cannot be decided by these authorities at the mandate of somebody else which will mean surrendering their quasi-judicial powers. Even under the policy decision, a new Society is to be registered it" certain conditions are fulfilled. Each case is to be examined on merits. Obviously such a policy is laid down by the Government to avoid cut-throat and unhealthy competition between the Societies. If this is so then the existing Society is also entitled to be heard before any orders are passed in that behalf, In these two writ petitions orders were passed by the Government obviously without giving any opportunity of being heard to any existing Society. This is contrary to the well established principles of natural justice Since the interest of the existing Society will be adversely affected if such a new Society is registered, it is entitled to place before the competent authority all the material on record. Since the orders have been passed without giving any opportunity of being heard to the existing Society, we have no other alternative but to quash the said orders.

(2.) THEREFORE, Rule is made absolute in both these writ petitions and the impugned orders are quashed and set aside. However, the respondents will be at liberty to consider the matter afresh in accordance with law after giving reasonable opportunity of being heard to the petitioner's Society. The Registrar is directed to hear and decide the matters as expedltiously as possible. However, in the circumstances of the case, there will be no orders as to costs. Rule made absolute.