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1990 Supreme(Bom) 452

IN THE HIGH COURT OF BOMBAY
(AURANGABAD BENCH)
Chapalgaonkar N.P., J.
Vishwaganga Dudh Vyavasaik
Sahakari Sanstha Maryadit, Osmanabad .... Petitioner.
Versus
State of Maharashtra others.... Respondents.
Writ Petitions Nos. 1096, 2388, 2370, 2519, 3122, 3127, 3132, 3126, 3001, 2400 372 of 1990, decided on 12-11-1990.
Advocates appeared :
N.P. Patil (Jamalpurkar), M.K. Pisolkar (Kulkarni), S.B. Mhase, C.K. Shinde, K.M. Patil, V.J. Dixit, V.D. Salunke, S.V. Kshirsagar, S.S. Choudhari, Mrs. M.A. Kulkarni, Deelip Patil Bankar, R.G. Jadhav, T.S. Ghute, K.B. Bhise, P.V. Mandalik, A.M. Kulkarni Mrs. M.K. Pisolkar, for petitioners.
D.G. Shewatekar, A.G.P., for State.
A.M. Kulkarni, P.B. Shirsath, S.G. Mantri, D.Z. Khatri, R.S. Parundekar S.V. Kharde, for respondents.

Headnote:Case law relied on : AIR 196 All 121.

       BOMBAY HIGH COURT APPELLATE SIDE RULES, 1660.

       As amended. Chapter XVII. Rule 18, Entry No 12 and Maharashtra Co-operative Societies Act (24 of 1961) Sections 91 and 144-Writ petitions one writ petition challenge order passed by Honble Minister for State for co-operation and order of Joint Registrar and seeking conformation of order by Deputy Registrar-Another writ petition seeking direction to Society to disburse loan amount-Whether single Judge not competent to hear and decide said petitions.

       Held, the challenge is none of the above writ petitions before High Court can be said to be disputes within the meaning of Section 91 or Section 144-T and they no not arise out of any decision in the proceedings is respect of dispute under the Maharashtra Co-operative Societies Act and, therefore, the single Judge is not competent to hear and decide these petitions.

JUDGMENT - CHAPALGAONKAR N.P., J.:---Of these writ petitions, which have been placed before the Single Judge, Writ Petition No. 372 of 1990 and Writ Petition No. 2400 of 1990 are on the final hearing board and rest of the petitions are for admission and orders. An objection has been raised about the jurisdiction of the Single Judge of this Court to hear these petitions and on this point, I have heard all the learned Counsel appearing for the parties in these petitions.

2. Chapter XVII of the Bombay High Court Appellate Side Rules, 1960 speaks about the procedure in respect of the petitions under Articles 226 and 227 and applications under Article 228 of the Constitution and Rules for issue of writs and orders under the said Articles. Rule 18 of this Chapter is an exception to the general provision contained in Rule 3 of this Chapter. Rule 3 of this Chapter provides that the applications for issue of direction, order or writ under Article 226 of the Constitution of India shall be heard by the Division Bench of this Court. Rule 4 of the said Rules authorises a Single Judge to grant Rule nisi provided that he shall not pass any final order on that application. This enables Single Judge of this Court to grant interim reliefs and pass orders admitting matters though the matter would lie to the Division Bench in the normal course. Rule 18 authorises the Single Judge to hear and dispose of certain kinds of petition and applications under Articles 226 and 227 of the Constitution of India. Entry No. 12 of the said Rule is to the following effect-

(12) the decision given in the proceedings in respect of the disputes under the Maharashtra Co-operative Societies Act.

The question for the consideration is whether the writ petitions before this Court today are covered by the ambit of Entry No. 12 of Rule 18 of the High Court Appellate Side Rules.

3. Writ Petition No. 1096 of 1990 prays for an order quashing direction by District Dairy Department Officer, Osmanabad directing Bhoom Taluka Dudh Utpadak Sangh Maryadit, Bhoom not to collect the milk supplied by three Primary Co-operative Societies. Writ Petition No. 2370/1990 prays for quashing of the order passed by the Assistant Registrar, Co-operative Societies, Newasa constituting a Committee for administration of Co-operative Society and also for prohibiting the implementation of a Resolution of the Administrative Committee to appoint a delegate to vote at the election of Ahmednagar District Central Co-operative Bank Limited, Ahmednagar. Writ Petition No. 2388 of 1990 prays for setting aside an order passed by District Dairy Development Officer, Osmanabad permitting the collection of milk from a primary milk Co-operative Society. Writ Petition No. 2591 of 1990 challenges erratum issued by the Assistant Registrar, Co-operative Societies, Raver in respect of the sanction of the amendment to the bye-laws. Writ Petition No. 3122 of 1990 challenges order of the State Government passed on same day in the month of July, 1990 permitting the opening of the account and registration of the two Ginning and Pressing Co-operative Societies. Writ Petition No. 3127 of 1990 challenges the order dated 4-10-1990 passed by the Assistant Registrar, Co-operative Societies (Dairy), Osmanabad granting registration to a milk society. Writ Petition No. 3132 of 1990 challenges a notice dated 17-9-1990 requiring respondent No. 2 Society to put their say in respect of the allegations that certain members were illegally enrolled as members of the said society. Writ Petition No. 3126 of 1990 challenges order of the Divisional Joint Registrar refusing the prayer for the stay in revision which was filed before the Divisional Joint Registrar challenging an order of the Assistant Registrar passed under section 73-FF against one of the Directions of Ginning and Pressing Co-operative Society. Writ Petition No. 3001/1990 challenges a Resolution of the Co-operative Society not to give loan to the petitioners for reason stated in th







































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