1. By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order and judgment dated 1st February, 2017 passed by the learned Divisional Registrar, Cooperative Societies, Kolhapur Division, Kolhapur in Revision Application Nos.373 and 374 of 2016 and the Revision Application Nos. 409 and 420 of 2016. Learned counsel appearing for the petitioner states that all the respondents are served. The statement is accepted. Rule. Learned counsel for the respondents waive service. By consent of parties, writ petition is heard finally.

2. The respondent no.4 had obtained a loan from the respondent no.7 i.e. Shahu Corner Nagari Sahakari Path Sanstha Maryadit. The respondent no.1 and one Ratanlal Madanlal Bamb were the guarantors for the said loan obtained by the respondent no.4 from the respondent no.7 society. The borrower as well as the guarantors committed default in making repayment of the said loan. The respondent no.7 therefore, filed an application under section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short “the M.C.S. Act.”) before the District Deputy Registrar, respondent no.2 herein.

3. On 1st June, 2010, the respondent no.2 issued a recovery certificate in favour of the respondent no.7 society. The said recovery certificate was neither challenged by the borrower nor by the guarantors. Pursuant to the said recovery certificate, the respondent no.3 attached the immovable property of the respondent no.4. The property of the respondent no.1 bearing City Survey No.12029 admeasuring 459 sq. mtrs. at Date Mala, Ichalkaranji was also attached. On 26th December, 2012, the auction came to be held in respect of the said property of the respondent no.1. The petitioner along with other four bidders participated in the said auction. The bid of the petitioner was the highest. It is the case of the petitioner that the bid of the petitioner was much more than the upset price and was thus accepted by the respondent no.3.

4. The petitioner deposited an amount of Rs.5,47,500/- towards 15% of the amount of bid by cheque No.012593 dated 26th December, 2012 on the same date drawn on Kalappa Awade Ichalkaranji Janata Sahakari Bank Limited and thereafter deposited the balance 85% amount of Rs.31,02,500/- by cheque No.12598 dated 7th January, 2013 drawn on the same Bank within a period of 15 days from the date of auction. The petitioner also deposited an amount of Rs.2,20,000/- towards the stamp duty in respect of the proposed sale deed.

5. It is the case of the petitioner that since the borrower or the guarantors did not pay the amount of auction along with costs plus 5% amount within 30 days from the date of auction under Rule 107(13) and other provisions of the Maharashtra Co-operative Societies Rules (for short the “M.C.S. Rules”), the respondent no.3 sent a proposal for confirmation of sale to the respondent no.2 i.e. the District Deputy Registrar. The respondent no.2 however, by an order dated 21st December, 2013 refused to grant sale certificate in favour of the petitioner.

6. The respondent no.3 addressed a letter to the respondent no.2 on 6th January, 2014 stating that due to factual incorrect statement, the respondent no.2 had refused to confirm the sale in favour of the petitioner and thus the respondent no.2 shall grant confirmation of sale in respect of the said property in favour of the petitioner. The respondent no.2 accordingly issued a notice dated 23rd January, 2014 to all the concerned parties to remain present in his office on 3rd February, 2014 for hearing on the objections mentioned in the letter dated 6th January, 2014 addressed by the respondent no.3 i.e. the Recovery Officer of Shahu Corner Nagari Sahakari Path Sanstha Maryadit.

7. Being aggrieved by the said communication dated 6th January, 2014 sent by the respondent no.2, the respondent no.1 herein filed a Revision Application bearing No.51 of 2014 initially without making the petitioner a party respondent.