Deepak Ananda Patil vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 19

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Deepak Ananda Patil – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. Abhikalp Pratap Singh, AOR Mr. Raghav Agrawal, Adv. Mr. Toshiv Goyal, Adv. Mr. Dhruv Sharma, Adv. Ms. Aadya Yadav, Adv. M/S. Lawyer S Knit & Co, AOR Mr. Maninder Singh, Sr. Adv. Mr. S. Udaya Kumar Sagar, Adv. Mr. Eeshan D. Khaire, Adv. Mr. Tushar Singh, Adv. Mr. Katubadi Ismail, Adv.
For the Respondent(s): Mr. Kedar Pralhad LAD, Adv. Mr. Dhawesh Pahuja, Adv. Mr. Sandeep Singh, AOR Mr. Tushar Mehta, Solicitor General Mr. Siddharth Dhamadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Ms. Kirti Dadheech, Adv. Mr. Siddharth Bhatnagar, Adv. Ms. Pracheta Kar, Adv. Mr. Aditya Sidhra, Adv. Mr. Nadeem Aftoz, Adv.

JUDGMENT :

Dhananjaya Y. Chandrachud, CJI.

Civil Appeal Nos 88-89 of 2023

1. Leave granted.

2. These appeals arise from a judgment dated 22 September 2022 of a Single Judge of the High Court of Judicature at Bombay.

3. The ninth respondent, Shri Chhatrapati Rajaram Sahakari Sakhar Karkhana Limited, is a cooperative society registered under the Maharashtra Co-operative Societies Act 1960. The society has its own bye-laws and is engaged primarily in the production of sugar. The jurisdiction of the cooperative society extends to 122 villages in seven talukas of District Kolhapur and it has 17,173 cultivator members.

4. Bye-law 17-A prescribes the requirements for being a ‘producer member’ of the society. The bye-law stipulates that a member should (i) have attained the age of 18 years; (ii) be an occupier of land within the jurisdiction of the society/factory as owner or tenant; and (iii) cultivate sugarcane in a minimum area of 10 gunthas of land.

5. In 2019, complaints were filed by respondents 3 to 8 while invoking the provisions of Section 11 of the Maharashtra Cooperative Societies Act 1960. The complaints which were addressed to the Registrar, sought the removal of approximately 2000 m

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2023 Supreme(SC) 19

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHADeepak Ananda Patil – AppellantVersusState of Maharashtra – Respondent

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Deepak Ananda Patil – Appellant
Versus
State of Maharashtra – Respondent