1. Rule, returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

2. The subject matter of challenge in this writ petition is order dated 13.04.2016 passed by the respondent no.1- the Divisional Joint Registrar Cooperative Societies, Amravati, whereby revision application filed by respondent no.5 was allowed and it was directed that sale of property (plot) be confirmed in favour of respondent no.5 as the auction purchaser who had deposited the entire amount offered by him in an auction conducted by the respondent no.3- the Yavatmal Urban Cooperative Bank Ltd. Yavatmal. The said auction was conducted to recover dues payable by the petitioner herein to the respondent no.3-Bank for a loan that he had taken from the Bank. The central question that arises for consideration in the present writ petition is, as to whether a vested right had accrued in favour of respondent no.5 in the present case whereby it could be said that sale through the aforesaid process of auction stood confirmed in his favour and in that context whether the respondent no.2-the District Deputy Register of Cooperative Societies was justified in permitting the petitioner to deposit the entire amount due from him with 5% of purchase amount (referred to as commission amount in the proceedings before the authorities below) to avoid the sale of the subject plot in favour of respondent no.5.

3. The facts leading to the filing of the present writ petition in brief are that the petitioner had taken a loan of Rs.3,00,000/- from the respondent no.3 Bank and he had been irregular in repayment of the said loan. As a consequence, the respondent no.3- Bank was constrained to undertake steps for recovery of dues from the petitioner, in pursuance of which a recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 (for short the “aforesaid Act”) was issued on 30.09.2004 for an amount of Rs.3,83,250/-. Thereafter, a proclamation was issued on 28.12.2010 for sale of the plot in question admeasuring 3640 sq. ft., belonging to the petitioner, for recovery of dues in terms of the said recovery certificate. The respondent no.3 Bank issued an advertisement on 28.01.2011 for auction of the said plot. The auction was conducted on the very next day i.e. 29.01.2011, in which the bid offered by the respondent no.5 was highest.

4. The respondent no.5 had made an offer of Rs.8,02,000/- in the said auction and he deposited 25% of the said amount i.e. Rs.2,00,500/- on the very day of the auction i.e. 29.01.2011 with the respondent no.3 Bank. As the respondent no.5 was required to deposit the balance amount within 15 days of the date of the auction, on 12.02.2011, he deposited the balance amount i.e. Rs.6,01,500/-. On 03.03.2011, the respondent no.3 Bank sent a proposal to the District Deputy Registrar Cooperative Societies for confirmation of sale so as to facilitate the execution of documents pertaining to sale of the said plot by the respondent no.4 – Special Recovery Officer of the Bank in favour of respondent no.5.

5. Thereafter, while the said proposal was awaiting approval of the District Deputy Registrar Cooperative Societies (respondent no.2 herein), the petitioner deposited the entire amount towards recovery of dues along with 5% commission amount on 02.08.2011 with the respondent no.3-Bank. Consequently, the respondent no.2 District Deputy Registrar Cooperative Societies passed an order dated 26.08.2011, holding that since the petitioner had deposited the entire amount, the case was closed against the petitioner. On 15.10.2011, the respondent no.3 Bank sent demand drafts towards refund of entire amount deposited by respondent no.5 along with 5% commission amount, but he refused to accept the same.

6. The respondent no.5 was aggrieved by the said order of the respondent no.2 District Deputy Registrar Cooperative Societies and, therefore, he filed a revision application before the Divisional Joint Regist