( 1 ) BY this petition, the petitioner challenges the judgment and order passed by the Divisional Joint Registrar, Bombay on 7th december, 2004 dismissing the revision.

( 2 ) THE respondent No. 1 is a co-operative housing society (for short the society) having 29 members. There are 28 residential flats which are allotted to 28 members and one shop is allotted to the petitioner. The area of the flats varies between 479 sq. ft and 657 sq. ft. The area of the shop premises in occupation of the petitioner is about 160 sq. ft. i. e. to say that the petitioners shop is smaller than the smallest flat in the building of the respondent No. 1 society. It appears that the society recovers from the members property tax, payable to the municipal authorities at the rate of Rs. 30. 81 per sq. ft per annum of the area of the flat/shop. In addition thereto, the Society also levies and recovers from the members amount by way of society charges/maintenance at a flat rate of rs. 8,000/- per annum (Rs. 2,000/- per quarter per flat ). The society sought to recover from the petitioner society charges/maintenance at the rate of rs. 32,000/-per annum (Rs. 8,000/- per quarter) for the shop occupied by him. According to the petitioner, this was illegal inasmuch as while only Rs. 8,000/- per annum were charged to the members occupying the residential flats rs. 32,000/- per annum were sought to be recovered from her by way of society charges/maintenance which was highly discriminatory. As the petitioners grievance was not addressed to she stopped making payment to the society. The society thereafter made an application for recovery of arrears of the dues with interest from the petitioner to the Asstt. Registrar of Co-operative Societies under section 101 of the Maharashtra Co-operative Societies Act, 1961 (for short the act ). The petitioner opposed the said application contending that the payment was withheld on account of excessive demand. She also contended that was liable to pay to interest. On 23rd December 2002, the Asstt. Registrar issued a certificate of recovery in favour of the respondent No. 1 society in the amount claimed by it. Aggrieved petitioner challenged the recovery certificate by filing a revision before the Divisional Joint Registrar. By an order dated 7th December, 2004, the Divisional Joint Registrar dismissed the revision application. That order is impugned in this petition.

( 3 ) LEARNED counsel for the petitioner submits that while the society was issuing bills by way of society charges/maintenance charges at the rate of rs. 8,000/- p. a. (Rs. 2,000/- per quarter) to each of the flat holder members, it was wrongly issuing the bills in the sum of Rs. 32,000/- p. a. (Rs. 8,000/- per quarter) to the petitioner in respect of the shop premises. She submits that no additional service whatsoever was provided by the respondent No. 1 society to the petitioner or to the shop allotted to the petitioner nor was any additional amount spent for the maintenance of the shop and therefore the society was not entitled to treat the petitioner differently from other members. Learned counsel for the society submits that the sum of Rs. 32,000/- per annum consisted of two parts viz. Rs. 16,000/- for society charges/maintenance charges and a sum of rs. 16,000/- as non-occupation charges. As regards the charges for society charges/maintenance charges, he submits that a resolution has been passed by the general body of the society in its meeting dated 1st July, 2001 authorising the society to levy society charges/maintenance charges in respect of the commercial premises at twice the rate of charges for the residential premises and therefore the society was entitled to recover Rs. 16,000/- per annum instead of Rs. 8,000/- p. a. in respect of shop premises occupied by the petitioner. As regards the non- occupation charges of Rs. 16,000/- the counsel submits that the petitioner was not personally occupying the shop but had let it out and therefore the societ

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