SHARAD H LOTLIKAR Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) Heard the learned advocates for the parties. Rule. By consent, the rule is made returnable forthwith.

(2.) The petitioner challenges the judgment and order dated 8th October, 2004 passed by the Registrar of Co-operative Societies, goa, in Co-operative Revision No. 3/2002/rcs. Though the impugned order is sought to be challenged on various grounds, it is not necessary to deal with all those grounds and suffice to refer only one ground viz. the point relating to the failure on the part of the authority to comply with the basic requirement of the principles of natural justice and the rules of procedure before deciding any issue i. e. Failure on the part of the authority to issue notices to the concerned parties and secondly non consideration of the issue of limitation.

(3.) Upon hearing the learned advocates for the parties and on perusal of the records, it is seen that though the petitioner was undisputedly stated to have been a Loanee in this matter, before proceeding with the matter under Section 100-A of the Maharashtra co-operative Societies Act, 1960 as application to the State of Goa, hereinafter referred to as "the said Act", no notice of such proceedings was ever issued to the petitioner before issuance of such certificate. Secondly, even after disposal of the matter and having learnt about the consequences of such certificate having been issued, the petitioner had sought to raise a point of bar of limitation, the same was not at all considered in accordance with the provisions of law. Reliance is sought to be placed in the matter of Shri O. K. Vasudevan v. The Shri Paras Darshan Co. op. Hsg. Soc. Ltd. , reported in 2005 (2) All MR 443.