RAHUL S\O APPASAHEB PATARE AND OTHERS Vs. DIVISIONAL JOINT REGISTRAR, CO-OPREATIVE SOCIETIES,NASIK AND OTHERS

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The petition is filed to challenge the order made by Divisional Joint Registrar, Nashik Division, Nashik in appeal No. 199/2016 on 13.6.2016. In the appeal filed by present respondents, office bearers of Taklibhan Vividh Karyakari seva Sahakari Sanstha Ltd., Tahsil Shrirampur, District Ahmednagar, respondent No. 3, the learned Joint Registrar of Cooperative Societies Nashik had granted interim relief, stay to the operation of order made by the learned Registrar Cooperative Societies on 24.5.2016 by which learned Assistant Registrar had appointed administrator on the aforesaid Society as provided under section 77(A) of Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act' for short). It appears that due to stay order, the charge which was taken over by the Administrator was required to be returned back to the respondents. Office bearers represented to the Administrator and authority that the stay was of such nature. The order dated 27.6.2016 does not show that stay of such nature was granted.

(3.) Civil Application No. 12075/2016 is filed by the petitioners to inform to this Court that the learned Divisional Joint Registrar, Cooperative Societies has decided the appeal itself and the appeal is allowed. In view of this circumstance, the prayer is also made in the Civil Application to allow amendment in the writ petition to include the relief of setting aside the decision given in the appeal itself. In view of the nature of dispute and as in the original proceeding also, this Court could have made observations with regard to the propriety of stay order in view of the provisions of aforesaid Act, this Court allowed the amendment and the matter is heard as it is a matter against the decision given by the Divisional Joint Registrar in Appeal No. A-199/2016 dated 11.8.2016.