( 1 ) RULE, returnable forthwith. The learned counsel for the respective respondents waive service of rule. Heard by consent.

( 2 ) THE petitioner has challenged the order dated 22. 2. 2005 passed by the Divisional Joint Registrar, co-operative societies, Konkan Division, refusing to accept his revision application on the ground that he has not deposited 50% amount of the total amount of recoverable dues as required under section 154 (2a) of the maharashtra Co-operative Societies Act, 1960, hereinafter referred to as the "act". Admittedly, the recovery certificate was issued on 30. 8. 2003 and the petitioner filed the revision on 22. 2. 2005. This application for revision was made after the period of limitation of two months had expired. The petitioner, therefore, applied for condonation of delay.

( 3 ) WITHOUT considering the application for condonation of delay, the Divisional Joint Registrar has rejected the petitioners revision on the ground that he has not deposited 50% amount of the total amount of recoverable dues as required by section 154 (2a) of the Act. There is no dispute that this deposit is mandatory.

( 4 ) THE question that arises for consideration is whether