SHIV CO-OP HOUSING SOC LTD REGISTERED UNDER MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960 THROUGH ITS SECRETARY HARINATH VISHWAKARMA Vs. HARESH DESAI, PARTNER OF BHAVNA CORPORATION

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 20th May 1999 passed by the Secretary, Co-operation and Textiles Department, Government of Maharashtra, Mantralaya, Mumbai thereby allowing the revision application filed by the developer. The respondent no.1 developer had impugned the order dated 21st January 1999 passed in favour of the petitioner by the Deputy Registrar, Co-operative Societies, Mumbai.

(2.) Various agreements for sale were entered into between the various flat purchasers of the petitioner society and the respondent no.1. The building in question was constructed by the respondent no.1.

(3.) The Deputy Registrar, Co-operative Societies granted registration to the petitioner society on 21st January 1999. The respondent no.1 filed a revision application under Section 154 of the Maharashtra Co-operative Societies Act, 1960 impugning the order dated 10th November 1998 by which the Divisional Joint Registrar, Co-operative Societies, (Appeals) Mumbai had concluded that there was nothing on record to show that there were two flats on the ground floor. There was a complaint made by the respondent no.1 that in some of the flats in the said building, occupiers had carried out various unauthorised construction and thus the petitioner society shall not be allowed to be registered. The Divisional Joint Registrar however rejected the said proceedings filed by the developers.