(R.M. SAVANT, J.)

The issue in the above petition is as regards the challenge to the order dated 1st August, 2001 issued by the State Government in exercise of the powers under Section 79A of the Maharashtra Cooperative Societies Act, 1960 (for short “the Act”). By the said order, the State Government had directed the Cooperative Housing Societies in the State to charge non-occupancy charges on a particular basis. The said issue had come up for consideration before a Division Bench of this Court in Writ Petition No. 2635 of 2001. The Division Bench by its judgment and order dated 2nd March, 2007 in the matter of Mont Blanc Cooperative Housing Society Ltd. and another vs. State of

Maharashtra and others 2007 (3) ALL MR 32, inter alia, held that the power under Section 79A of the Act cannot be exercised so as to be prejudicial to the interest of the Society. The Division Bench has further held that the directions in question issued are binding on the Cooperative Housing Societies. Paragraph 12 of the said report is material and is reproduced herein under.

“12. Section 79A of the Act clearly states that if the State Government, on receipt of a report from the Registrar or o