JUDGMENT - KAMDAR S.U., J.: - In the present letters patent appeal, the appellant is challenging the order passed by the learned Single Judge rejecting the writ petition preferred by the appellant against the orders passed by the authorities under the Maharashtra Co-operative Societies Act, 1960. Some of the brief facts in the present case are as under:-

2.The appellant is a co-operative housing society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the said Act). The said housing society was allotted a plot of land by the Government of Maharashtra in the year 1965 admeasuring about 4,548 square yards at Mahim. The members of the said society of the appellant consist of Koli community. The said plot of land was allotted by treating the said Kolis as dishoused persons. The said society is essentially formed for the purpose of providing for housing to the fishermen of the said area.

3.An association of members or a proposed co-operative housing society was formed for an allotment of the accommodation to its members in a building to be constructed on the said plot of land allotted by the State of Maharashtra. There were around 120 members of the proposed society at that point of time. On 10-8-1985, a resolution was circulated amongst the members of the society calling upon them to make payment of sum of Rs. 10,000/- within a period of thirty days. The said amount was supposed to have been collected for registration and formation of the society as well as cost of construction. Immediately thereafter, the proposed society applied for registration to the Assistant Registrar and ultimately the said society was registered on 16-6-1987 with 120 members. During the pendency of the registration application before the Registrar, Co-operative Societies, a resolution was passed by the proposed society inter alia deleting the names of nine members from the membership of the society which included the respondents Nos. 1 to 5 in the present appeal. In the list of members which was filed at the time of registration of the society, the names of these nine persons who were original members were deleted of which respondents Nos. 1 to 5 are five of the members. It is the case of the respondents before the authorities that in spite of making payments of share capital as far back as in 1967 and also contributing towards part of the construction cost coming to their share in 1975 still the names of the respondents were deleted. Consequently respondents Nos. 1 to 5 became ineligible for allotment of houses in their favour. The resolution dated 22-12-1985 by which the said nine members haver been disqualified from becoming members was never communicated to the respondents for a long time and it was communicated only after registration of the said society. Thus, five of the respondents filed an application under section 23 of the said Act challenging their deletion from the list of members of the said society. On 27-10-1989, the Assistant Registrar passed an order directing that the said nine members should be admitted back as members of the said society. The appellants herein preferred a revision application against the said order of the Assistant Registrar before the Divisional Joint Registrar. The said Revision Application No. 2 of 1990 also came to be dismissed by an order dt. 31-3-1992. The appellants being still dissatisfied with the decision of the authorities preferred a further revision before the Hon'ble Minister. The Hon'ble Minister has by an order dated 25-4-1997, dismissed the said appeal preferred by the appellants in respect of the said nine members. During the pendency of the said revision application, the Hon'ble Minister had granted a stay of the operation of the order of the Division Joint Registrar which came to be challenged by filing a writ petition and by an order dated 25-4-1995, the learned Single Judge of this Court vacated the said stay granted by the Minister. Ho

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