PONVEL NADARAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioners have impugned the order dated 20 th April, 2019 passed by the learned Deputy Registrar, respondent no.2 appointing the respondent no.3 as an authorized officer under section 77(A) of the Maharashtra Co-operative Societies Act, 1960 (for short "MCS Act") and further seeks to challenge the order dated 29 th May, 2019 passed by the Tahsildar and Executive Magistrate, respondent no.5 under section 80(2) of the MCS Act. Some of the relevant facts for the purpose of deciding this petition are as under :

(2.) The petitioners claimed to be the members of the Managing Committee of the respondent no.4 society. The petitioners claimed to have been elected as the Managing Committee members by General Body of the respondent no.4 on 1st December, 2018 for the tenure of five years from 2018 till 2023.

(3.) Some time in the year 1987, the respondent no.4 society was registered under the provisions of MCS Act as "General Society" with 16 members. It is the case of the petitioners that the object of the respondent no.4 society was to procure piece and parcel of the land and to divide and allot the plot of land to its members to built their industrial premises for carrying on their individual industrial activities. The respondent no.4 society acquired the ownership of the property bearing survey no.34, Hissa nos.1 and 3 and CTS nos.339, 339/1, 340, 340/1 and 2, 341, 343, 343/1, 344, 345, 346 and 346/1 to 7 admeasuring 7057 sq. mtrs. Situated at Deonar village, Taluka Kurla, Mumai Suburban District, Mumbai under a registered Conveyance Deed dated 18th August, 1989 entered into between the respondent no.4 and one Vaity family. There were various disputes between the parties who purchased various units in the respondent no.4 society and the respondent no.4 in respect of the membership of those parties in the respondent no.4 society.