S.S. Shinde, J.

By this Writ Petition the Petitioner challenges the order dated 27/11/2017 passed by Respondent No.5 i.e. the Divisional Joint Registrar, Cooperative Societies, Pune (Rural) by which order the application filed by the Petitioner in Revision Application No.297 of 2017, pending before Respondent No.5, for interim stay to the execution of public auction sale proceeding dated 24/10/2017 came to be rejected. By this Writ Petition the Petitioner further seeks direction to stay the auction proceeding under Rule 107 (14)(3) of the Maharashtra Co-operative Society Rule 1961 going on at the instance of Respondent Nos. 1 and 2 before Respondent No.6 in Application No.187/2017- 18 against the Petitioner.

2. The facts giving rise to filing of this Writ Petition, can in brief be stated as under :-

The Petitioner is a member of Respondent No.2 Society. It is the case of the Petitioner that Respondent No.2 Society has taken signature on the blank papers of the loan application, Karz Rokha and promissory note and executed mortgage deed in favour of Respondent No.2 Society. The said mortgage deed was executed on 06/05/2015 and registered in the office of the Sub Registrar. It is the case of the Petitioner that the society with malafide intention mis-utilized the signature on the blank papers made by the Petitioner and filed loan application with documents on 15/05/2015 and showed disbursement of loan for Rs.5 lakh in the name of the Petitioner. It is the case of the Petitioner that the Petitioner never received the alleged loan amount of Rs.5 Lakh. The society by playing fraud withdrew the amount of Rs.5 Lakh and the Petitioner has no knowledge of disbursement of loan. The Society obtained Ex-party Recovery Certificate on 05/08/2016 for Rs.4,68,336/-. It is further alleged that the Petitioner never received notice of hearing and Respondent No.3 - The Assistant Registrar issued recovery certificate within 21 days from the date of first hearing and therefore the issuance of said recovery certificate is without following due procedure prescribed under section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short "the MCS Act") and Rule 86 of Maharashtra Co-operative Societies Rule, 1961 (for short "the said Rules"). The society charged compound interest and penal interest on the said loan amount but the karz rokha and promissory note showing the rate at 15% per annum single interest on the loan amount. It is alleged that the society has not properly maintained the loan account. It is also alleged that the demand notice dated 16/08/2016 issued by Respondent No.1 Special Recovery Officer is illegal. Pursuant to the said notice, Respondent No.1 attached the immovable mortgage property on 01/03/2017. It is further alleged that the Respondent Nos.1 and 2 have no right to attach the said property because the said property is mortgaged prior to filing the loan application. Thereafter Respondent No.1 issued possession notice on 04/02/2017. It is the case of the Petitioner that the Respondent No.1 has no legal right to take possession of the mortgage property, and, by publishing the possession notice directly in the news papers by Respondent Nos.1 and 2, without verifying the search report, is also illegal. Respondent No.1 - Special Recovery Officer thereafter issued and published public auction sale on 19/09/2017. The public auction sale took place and already over on 24/10/2017. It is the allegation of the Petitioner that Respondent Nos.1 and 2 prepared bogus proceeding of public auction sale dated 24/10/2017. The learned counsel for the Petitioner submitted that the upset price fixed by Respondent No.6 behind the back of the Petitioner is not admitted by the Petitioner.

3. Dissatisfied by the public auction sale proceeding dated 24/10/2017, the Petitioner filed Revision Application under Section 154 of the MCS Act before Respondent No. 5 - Divisional Joint Registrar for setting aside the public auction sale and the pro