By this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the orders dated 12th July, 2005 and 21st October, 2002 passed by the Secretary (Co-operation and Marketing), Government of Maharashtra, Mantralaya, Mumbai and by the Deputy Registrar, Co-operative Societies, 'M' Ward, Mumbai respectively. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. The petitioner is a co-operative society incorporated under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short the said MCS Act). The respondent no.1 is an associate member of the petitioner society. Mr.Kamal Kumar Khanna is the primary member and is occupying the flat situated on the 1st floor of Block no.B/13.

3. The buildings in the petitioner's society were constructed between 1966 and 1972. There were about 44 structures in the petitioner society out of which there are 32 buildings having only ground plus one structure. The rest of the structure are multi storeyed buildings having ground plus 2 to 4 floors. The ground plus one structures have four flats each. Two flats are on the ground floor and the remaining flats are on the first floor of the said ground plus one structure buildings. It is the case of the petitioner that since the inception of the incorporation of the society, ground floor occupants use the open space outside their flats as gardens and the first floor occupants use the terrace above their houses exclusively save and except the common water tank on the terrace. The terraces are locked and maintained by the occupants on the 1st floor.

4. Insofar as the structure in question is concerned, the said structure of block/building no.13 is a ground plus one structure having four flats, two on the ground floor and two on the first floor. One of the flat on the ground floor is occupied by Mr.Kamal Kumar Khanna who is a relative of the 1st respondent and has been occupying the said flat since 1977. The ground floor members have been permitted by the General Body of the petitioner society by its resolution dated 14th February,1988 to use the garden space outside their houses.

5. It is the case of the petitioner that the members residing on the first floor and more particularly the said Mr.Kamal Kumar Khanna has illegally locked the terrace above his house by putting iron grills and a lock and has been exclusively using the said portion and does not permit the members on the ground floor to have access to the terrace. It is the case of the petitioner that though the terrace is the property of the petitioner society, the said Mr.Kamal Kumar Khanna has illegally usurped the said property of the society and the same has been in his illegal, continuous and exclusive use, occupation and possession of the said portion since 1977.

6. It is the case of the petitioner that the petitioner does not collect any charges towards repairs and maintenance of the buildings of the petitioner. The members of the petitioner themselves maintain their own flats i.e. the ground floor members maintain their flats and the open spaces and gardens outside their house whilst the members residing on the 1st floor maintain their flats and the terrace above their houses.

7. It is the case of the petitioner that the general body meeting of the petitioner had passed a resolution on 7th February, 1993 and had approved creation of a repair and maintenance fund under bye-law 13 of the model bye-laws and had also approved an amendment to bye-law no.162. By the said resolution details of the expenses to be incurred for repair and maintenance were specified as well as the contributors to the repair were specified as well as contributors to the repair were also specified. The said amendment however was not approved by the Registrar and thus could not be implemented. The buildings in the petitioner society are very old. The members are demanding that the repairs worth lacs of rupees be carried out whilst c