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2006 Supreme(Bom) 1699

B.P.DHARMADHIKARI
Ramesh Dhulatrao Gawhale – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT:- In all these matters challenge is to the orders passed by Taluka Assistant Registrar of Moneylenders cum Assistant Registrar of Co-operative Societies under section 13-B(1) or his report under section 13-A of Bombay Moneylenders Act 1946, hereinafter referred to as Act. . For the purposes of brevity, said officer is hereinafter referred to as Authority. By impugned orders the Authority has held that transfers or sale of agricultural fields were by way of security for money lending transactions without licence and hence those sale-deeds are found to be invalid and persons in possession have been called upon to handover the possession to the complainant/debtor or to deliver possession to the Authority itself. The challenge is on the ground of absence of jurisdiction in said Authority in all these matters. All the petitioners through their respective Counsel and also respective Counsel appearing for respondents or debtors requested the Court to hear the issue finally at admission stage itself. Learned AGPs representing said Authority and State Government in the matter however stated that in some matters instructions on facts are still awaited and they can assist the Court o





































































































































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