PATRICKS’S TOWN COOPERATIVE HOUSING SOCIETY LIMITED Vs. DIVISIONAL JOINT REGISTRAR, COOPERATIVE SOCIETIES, PUNE DIVISION, PUNE

JUDGEMENT

(1.) The present writ petition is directed against the Judgment and Order passed by the competent Authorities under the Maharashtra Cooperative Societies Act, 1960. By the impugned orders, the Authorities have directed the petitioner housing society to confer membership upon respondent No.3. The petitioner calls in question the legality and propriety of such direction.

(2.) The factual background giving rise to the present proceedings may be briefly stated. The petitioner is a cooperative housing society duly registered under the provisions of the MCS Act. It is classified as a tenant ownership society. In such category, the land vests in the society. Individual plots are allotted to members. Such allotment is effected by execution of lease deeds in favour of members in accordance with the bye laws and statutory provisions.

(3.) On 23/10/2012, respondent No.3 applied for admission as a member of the petitioner society. The application was founded upon a Deed of Assignment allegedly executed by the heirs of one Mr. Sambhaji Ghule. The said Mr. Ghule was stated to be a sub allottee under Pune Diocesan Corporation. The society, by its decision dtd. 9/9/2014, rejected the said application for membership. Aggrieved thereby, respondent No.3 preferred Appeal No.18 of 2014 in November 2014. By order dtd. 6/10/2015, respondent No.2 allowed the appeal and directed the petitioner society to enrol respondent No.3 as a member. The petitioner thereafter filed Revision Application No.406 of 2015 on 5/12/2015. By order dtd. 6/3/2019, respondent No.1 dismissed the revision. It is against these concurrent findings that the present writ petition has been instituted.