JUDGMENT

Venkataswami, J.-This Appeal by Special Leave is preferred against a Division Bench Judgment of the Bombay High Court in W.P.No. 390/82 dated 13th April, 1982. The learned Judges by the judgment under appeal have confirmed an Order of the State Government passed while exercising appellate as well as suo moto revisional jurisdiction in a matter arising out of the Maharashtra Co-operative Societies Act, 1960 (hereinafter called "the Act").

2. The third respondent herein purporting to exercise his powers under Section 102(1) (A) issued an interim winding up order dated 17.6.1974 and called upon the first respondent-society to show cause why a final order winding up the society should not be passed. The third respondent also simultaneously appointed the second respondent herein as Special Liquidator under Section 103 of the Act.

3. The first respondent in response to the notice dated 17.6.1974 gave a detailed reply objecting to the proposed final order of winding up and appointment of Special Liquidator under Section 103 of the Act. The first respondent while requesting for vacation of the interim order requested for a personal hearing before passing final order. The third respondent, however, without affording the personal hearing requested by the first respondent and though the statute required giving of such personal hearing, confirmed the interim order under Section 102(2) of the Act on 12.8.1974.

4. The first respondent meanwhile aggrieved by the interim order of the third respondent dated 17.6.1974 preferred an appeal to the State Government as provided under Section 104 of the Act on 16.7.74. Initially, the fourth respondent (State Government) granted a stay on 26.8.74 but the same was vacated on 27.9.75 on the ground that the second respondent Liquidator has already assumed charge of the affairs of the society. While the appeal was pending before the fourth respondent and inspite of the fact of filing of appeal was brought to the notice of the second respondent, the special Liquidator brought an extent of 5 acres 31 gunthas of land belonging to the society for sale. The appellant herein offered to purchase the said land for Rs. 22,000/- by his tender dated 10.7.75. A sale deed was finally executed in favour of the appellant on 11.9.1978. Pursuant to the sale, the appellant was put in possession of the said land also. At that stage, when the Government came to know of the sale, issued notices to the second and third respondents invoking the suo moto power under Section 14 and called for the records of the sale transaction for the purpose of examing as to whether the transaction was legal. The appellant gave a detailed reply to the State Government inter alia contending that the Government have no authority to invoke the suo moto power to question the sale in his favour. The Government considered the appeal of the first respondent filed under Section 104 of the Act and also the suo moto revision together and after personally hearing the appellant and respondents 1 to 3 held that when the appeal was pending with the appellate authority the subordinate authority has no right to dispose of any immovable and movable property which may adversely affect if the liquidation order were to be set aside by the appellate authority . The fourth respondent further observed that the perusal of the records show that no hearing was given to the society and thereby the principles of natural justice had been violated. After giving reasons the fourth respondent also found that the order of winding up itself was uncalled for and consequently set aside the same. The sale in favour of the appellant was also set aside and the Liquidator was directed to hand over the charge of the society to the committee from whom he has taken the charge. The Government further directed the Liquidator to help the committee to take possession of the land from the appellant after paying all the necessary dues i.e. the price of the land paid by the appellant a