GADHI AGRICULTURE HORTICULTURE AND PURCHASE Vs. SHRINATH

JUDGEMENT

(1.) By this writ petition, the petitioners are challenging the order passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad dated 25.11.1994 in appeal Nos.210/1990 to 218/1995.

(2.) Brief facts, giving rise to the present writ petition are as under :

(3.) Respondent Nos. 1 to 9 are the co-operative societies whose proposals for registration was pending at the time before the Assistant Registrar Co-operative Societies Georai. Respondent Nos. 1 to 9 had filed the appeals as mentioned under section 152 of the Act of 1960 against the order of registration of the societies passed in favour of the petitioners by respondent No.1. They have challenged the registration certificates dated 30.6.1990 issued in favour of the petitioners as Agriculture Horticulture and Purchase and Sale Co-operative Society, Ltd., It has been contended that some of the respondents had filed registration proposals for their societies on 20.6.1990, some of them filed proposal on 30.6.1990 etc., however, present petitioners have filed their proposals on 26.6.1990. All the proposals were scrutinized on the same date and even the permission for opening of the bank account was given on the same date. It has been also contended that all proposals were registered within four days i.e. 30.6.1990. Even registration fees was not paid as per rules or credited with the registration proposals. The learned Divisional Joint Registrar Co-operative Societies Aurangabad after giving an opportunity of being heard to petitioners and respondents, allowed the said appeals and quashed and set aside the order, dated 30.6.1990 regarding registration of the petitioners/Societies passed by respondent No.1 and registration was cancelled. Hence, this writ petition.