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2014 Supreme(Bom) 2203

B.P.DHARMADHIKARI, P.R.BORA
Bhandara Zilla Parishad Wa Panchayat Samiti Karamachari Sahakari Sanstha Ltd. – Appellant
Versus
Divisional Joint Registrar – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Subhash Paliwal, Advocate
For the Respondent: M.A. Kadu, Asstt. Govt. Pleader and A.M. Ghare

Judgment

B.P. Dharmadhikari, J.

1. By this petition filed under Article 226 & 227 of Constitution of India, the petitioner Society seeks a direction to respondent no. 1 Divisional Joint Registrar, Co-operative Societies to exercise powers under Section 79 of Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 1960 Act'). Other prayer in the alternative is to direct respondent no.2 Co-operative Society, Gondia to hand over to the petitioner the assets as detailed in para 15 of the petition. There is one more alternate prayer & by it petitioner seeks a direction to respondent no. 3 State of Maharashtra to complete the process of bifurcation of the Co-operative Societies.

2. The facts are not in dispute. Earlier Bhandara district comprised of two areas which now form separate districts namely, Bhandara and Gondia. It was having a single Co-operative Society by name "Bhandara Zilla Parishad Wa Panchayat Samiti Karmachari Sahakari Sanstha, Bhandara" with Registration No. 102. Area of Bhandara and Gondia towns was then divided and two distinct districts i.e. Bhandara district and Gondia district were formed. Because of coming into existence of two independent revenue di


























































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