UDAY PATIL Vs. PARESH SATYENDRA VOHRA

JUDGEMENT

(1.) By this Petition, the Petitioners, who are members of a de-registered Co-operative Society, have challenged order dtd. 23/6/2025 passed by the Hon'ble Minister (Co-operation) dismissing Appeal No. 565 of 2024 and confirming the Order of de-registration dtd. 15/7/2024 passed by the Divisional Joint Registrar, Co-operative Societies, Konkan Division, Mumbai (Divisional Joint Registrar). By his Order dtd. 15/7/2024, the Divisional Joint Registrar has allowed Application No. 15 of 2020 filed by Respondent No.1 and has directed cancellation of registration granted to Hatkesh Udyog Nagar Industrial Premises Co-operative Housing Society Ltd. (Society) vide Certificate dtd. 11/11/2008. The Divisional Joint Registrar has also directed the Registrar to appoint an Official Assignee in respect of the Society under Sec. 21A(2) and (3) of the Maharashtra Co-operative Societies Act,1960 (MCS Act).

(2.) Land bearing Survey No.94 admeasuring 1 Hectare 56.82 Ares and Survey No.97/3 admeasuring 10.12 Ares, Village-Ghodbunder, Tal and Dist-Thane was owned by Smt. Dayabai Gajanan Patil, who sold the same vide sale-deed dtd. 21/10/1975 to Shri. Rasiklal Trikam Lal Shah. By further sale-deed dtd. 19/7/1980, Shri. Rasiklal Trikam Lal Shah sold the land to M/s. Hatkesh Builders. Similarly, another parcel of land bearing Survey No.95 admeasuring 5 Acres, 4 1/2 Gunthas and Survey No.96 admeasuring 2 Acres and 4 1/2 Gunthas, Village-Ghodbunder, Tal and Dist-Thane was sold by Smt. Dayabai Gajanan Patil to Shri. Chandrakant Babulal Shah on 29/10/1978. By further agreement dtd. 1/11/1978, Shri. Chandrakant Babulal Shah sold the said land to M/s. Hatkesh Builders. The third parcel of land bearing Survey No.95 admeasuring 5059 sq.mts at Village-Ghodbunder was sold by one Mr. Babubai Patil on 29/10/1978 to Shri. Govind Moreswar Patil. By further agreement dtd. 18/7/1979, Shri. Govind Moreswar Patil sold the third parcel of land to M/s. Hatkesh Builders. This is how the entire land admeasuring about 50,900 sq.mts is claimed to be in the ownership of M/s. Hatkesh Builders.

(3.) In the land so owned by M/s Hatkesh Builders, about 72 industrial galas/units have been constructed since the year 1979-80. The units were apparently sold by M/s. Hatkesh Builders to various purchasers. The purchasers of the units applied for registration of a co-operative industrial premise society and by Certificate of registration dtd. 11/11/2008, Respondent No. 6-Society was registered.