Writ Petitions Being Filed Against Execution Orders Passed Under Maharashtra Co-Operative Societies Act, Generating Litigation: Bombay HC

“We are going to interact with Advocate General on this...writ petitions are being filed for execution of order passed by Deputy Registrar. What sort of enactment is this...generating litigation?...” the Court said.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre was seized with the petition filed by a Handloom Weavers Society, which challenged the Deputy Commissioner's order granting a building permission under Section 34 of the Act.

CJ Aradhe questioned the petitioner-society's counsel if there was alternate remedy available and orally remarked, “Every order we see is a writ petition...why have you created this Act? Deputy Registrar passes an order, he has no power to execute and for that writ petition is filed. Every order under Co-operative Societies Act is a writ petition. What is the use of bringing this Act which is increasing litigation for the court...”

The counsel answered the deputy commissioner is not a delegated authority and has no jurisdiction to grant permission for sale of the building. The Court then questioned why this cannot be challenged in an appeal.

“You are deliberately not availing alternate remedy available to you...” CJ Aradhe said.

The respondent counsel submitted that there is a remedy under Section 154 of the Act, which deals with revisionary powers of State Government and Registrar.

The Court noted that only when alternate remedies are exhausted, the extraordinary jurisdiction of the court under Article 226 of Constitution could be invoked.

The counsel then prayed for an adjournment to answer whether alternate remedies are available.

The Court thus adjourned the matter for 2 weeks.