Writ Petition No.6158 of 2006. Case: Lokmanya Nagar Priyadarshini Cooperative Housing Society Ltd. Vs State Of Maharashtra. High Court of Bombay (India)

Case NumberWrit Petition No.6158 of 2006
CounselY R Naik, Arun H Palekar, Vipin S Thokal
JudgesV. C. Daga, J.
IssueConstitution of India - Articles 136, 227, 226; Maharashtra Co-operative Societies Act, 1960 - Sections 152, 78, 89A
Citation2007 (1) BomCR 929, 2007 (1) AllMR 398
Judgement DateNovember 24, 2006
CourtHigh Court of Bombay (India)

Judgment:

By this petition, the petitioners challenge the interim order dated 20th July, 2006 passed by the Honourable Minister for Cooperation and Textile, Government of Maharashtra by which he has stayed the order dated 15th July 2006 passed by the Divisional Joint Registrar, Cooperative Societies, Mumbai on the ground that order suffers from patent error of law for want of reasons.

Factual matrix reveals that the petitioner no. 1 is a Society registered under the Maharashtra Cooperative Societies Act, 1960 (the Act for short). Respondent no. 3 passed an order under Section 89A of the Act appointing an Enquiry Officer to inspect record of the petitioner no.1 Society. After conducting inspection of the record, respondent no. 3 issued show-cause notice under Section 78 of the Act calling upon the petitioner Society to explain as to why its managing committee should not be superseded.

The petitioners filed their reply to the show-cause notice issued by the respondent no.3. The respondent no.3 passed an order dated 30th June 2006 under Section 78 of the Act superseding the managing committee of the petitioner no.1 Society. consisting of petitioner nos. 2 to 9.

Being aggrieved by the aforesaid order dated 30th June, 2006 petitioners filed an appeal under Section 152 of the Act before the respondent no. 4. Respondent no.4 granted stay to the order passed by the respondent no. 3 and ultimately allowed appeal filed by the petitioners by an order dated 15th July, 2006 and set aside the order dated 30th June, 2006.

The respondent not satisfied with the aforesaid order dated 15th July 2006,, has preferred revision before the Honourable Minister for Cooperation and Textile, Government of maharashtra, to challenge the said order of the respondent no. 4.

The Revisional Authority viz. the Honourable Minister for Cooperation vide its order dated 20th July, 2006 granted interim stay to the order dated 15th July, 2006 without specifying any reason.

The aforesaid order dated 20th July, 2006 is the subject-matter of challenge in the present petition filed under Articles 226 and 227 of the Constitution of India.

Having heard the rival parties, it is not in dispute that the interim order, which is impugned herein, is a one-line order. In large number of matters, this Court finds orders being passed perfunctorily by the Department without dealing with the contentions and giving reasons in support of the order. This is one of those cases. It is needless to...

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