ASEEM BHATNAGAR Vs. DEPUTY REGISTRAR

JUDGEMENT

(1.) By the present writ petition instituted under Article 227 of the Constitution of India, the petitioners have assailed the order dtd. 28/11/2025 passed by respondent No.21. By way of amendment, the petitioners have further challenged the order dtd. 1/1/2026 passed by respondent No.1 in exercise of powers under Sec. 81(6) of the Maharashtra Cooperative Societies Act, 1960.

(2.) Learned Advocate appearing for respondent Nos.3 to 19, along with the learned AGP, relying upon the judgments of the Coordinate Benches of this Court in T.S. Natrajan v. Divisional Joint Registrar of Co operative Societies (Mumbai Division) and Others, Writ Petition No.8929 of 2024 decided on 2/7/2024, and Sayajirao Narayan Takawane v. Divisional Joint Registrar, Cooperative Societies, Pune Division, Pune, Writ Petition No.544 of 2025 decided on 4/2/2025, contended that the Coordinate Benches have categorically held that an order directing re audit under Sec. 81(6) constitutes an order. It is therefore submitted that the present matter falls within the jurisdiction of the Division Bench.

(3.) Per contra, learned Advocate for the petitioners submitted that the aforesaid Coordinate Bench decisions have not considered Circular dtd. 19/6/2023 issued by the Commissioner for Cooperation and Registrar, Cooperative Societies, which prescribes a detailed procedure to be followed by the Registrar before arriving at a decision directing re audit. It is urged that the said Circular mandates grant of an opportunity of hearing to the society and, therefore, an order passed under Sec. 81(6) bears the character of a quasi judicial order.