LAWS(BOM)-2019-8-35

PAWAN KUMAR SHARMA Vs. STATE OF MAHARASHTRA

Decided On August 06, 2019
PAWAN KUMAR SHARMA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petitioner has filed the contempt petition alleging the willful disobedience and non-compliance of the interim order dated 18.12.2015 passed by this Court in Writ Petition No.12255 of 2015 by respondent nos.9 and 10. On 18.12.2015, this Court had passed the following order:

(2.) Writ Petition No.12255 of 2015 has been filed by K.D.R. Farms Co-operative Housing Society Ltd against the order dated 31.01.2011 passed by the Divisional Joint Registrar Co-operative Societies, Aurangabad Division in Appeal No.23 of 2009 and the order dated 23.11.2015 passed by the Hon'ble Minister for co-operation the State of Maharashtra in Revision Application No. RVA 2011/PK 611/15 S. Vide the aforesaid orders, the registration of the K.D.R. Farms Co-operative Housing Society Ltd has been canceled.

(3.) It is the case of the present petitioner that he has purchased Plot No.6 from Gut No.79 situated at Sharnapur by one Sanjay Joshi, who had represented himself to be developer of the said property. It is the further case of the petitioner that said Mr. Sanjay Joshi had taken the responsibility to provide all the amenities to the purchasers of the said plots. It is the further contention of the petitioner that the said developer, however, did not provide any of the amenities as assured, not even the basic civic amenities. It is the further contention of the petitioner that to escape from the liability of fulfilling the promises made to the purchasers of the plots alike the petitioner, the developer of the said property in collusion with other 10 persons got registered the society under the Maharashtra Co-operative Societies Act, 1960 named as K.D.R. Farms Co-operative Housing Society Ltd. After having come to know that with ulterior motive the co-operative society has been formed, the petitioner made a complaint with the Divisional Joint Registrar of the Co-operative Societies and on his complaint, the Divisional Joint Registrar canceled the registration of the society vide order dated 31.01.2011. Though the said order was challenged by Pradeep Shinde and Rajendra Madhukar Kulkarni, the Hon'ble Minister rejected the revision application filed by them and confirmed the order passed by the Divisional Registrar. Pradeep Shinde and Rajendra Kulkarni have preferred Writ Petition No.12255 of 2015 in this Court challenging the aforesaid orders and obtained the interim order from this Court which is reproduced herein- above.