LAWS(BOM)-1995-2-1

JAISINGRAO GANPATRAO SASANE Vs. STATE OF MAHARASHTRA

Decided On February 24, 1995
JAISINGRAO GANPATRAO SASANE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) BY this petition under Article 226 and 227 of the Constitution of India, the Petitioners challenge the decision dated 25th May 1993 rendered by the Government of Maharashtra, Bombay (the Minister for Cooperation) in a Revision Application under Section 154 of the Maharashtra Cooperative Societies Act, 1960 ("the Act" for short). The said Revision Application was filed before the State Government by Subhash Samudayik Sahakari Shetkari Sangh Maryadit - Respondent No.5 before me, against the order dated 9th March 1993, passed by the Joint Registrar, Cooperative Societies, Pune Respondent No.4 before me, turning down the application of Respondent No.5 for a permission for the sale of the lands in question in favour of Respondent No.6.

(2.) THE matter has a chequered history. However in the following view of the matter that I am inclined to take, it is not necessary for me to go into all the details of the history pertaining to this case. However the bare minimum facts required to be adverted to for the purpose of this writ petition may be stated as follows.

(3.) IT may be mentioned here that earlier a body named "Save Hadapsar Citizens Committee" had filed Writ Petition No.4714/92 challenging the transaction between Respondent No.5 and Respondent No.6 as regards the land in dispute. That writ petition was rejected by a Division Bench of this Court. The Petitioner of that writ petition carried the matter to the Supreme Court by way of special Leave Petition. In that Special Leave Petition, the present Petitioners No.1 and 2 sought permission to intervene. That permission was granted. However, subsequently the writ petition came to be withdrawn. Petitioners No.1 and 2 before me, it appears, did not oppose the withdrawal of the Special Leave Petition before the Supreme Court. They did not request for being transposed as the Petitioner in the Special Leave Petition and to carry further that Special Leave Petition.