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2019 Supreme(Bom) 1242
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
P.R. BORA, J.
Pawan Kumar Sharma – Petitioner
Versus
State of Maharashtra through Secretary, Department of Cooperation, Textile – Respondent
Contempt Petition No. 97 of 2019 In Writ Petition No. 12255 of 2015
Decided On : 06-08-2019
Advocate Appeared:
For the Petitioner: Mr. N.L. Jadhav.
For the Respondents: Mr. S.K. Tambe, Mr. S.P. Brahme.
Headnote:
Maharashtra Co-operative Societies Act, 1960 - Suit for plot – Property - Committing contempt - Writ Petition has been filed by Farms Co-operative Housing Society Ltd. against order passed by the Divisional Joint Registrar Co-operative Societies - It is the case of present petitioner that he has purchased Plot by one, who had represented himself to be developer of the said property - It is the further case of petitioner that said one had taken the responsibility to provide all amenities to purchasers of said plots - It is the further contention of petitioner that said developer, did not provide any of amenities as assured, not even basic civic amenities - It is the further contention of petitioner that to escape from liability of fulfilling the promises made to purchasers of plots alike the petitioner, developer of the said property in collusion with other 10 persons got registered society under Maharashtra Co-operative Societies Act, 1960 named Farms Co-operative Housing Society Ltd - After having come to know that with ulterior motive the co-operative society has been formed, petitioner made a complaint with Divisional Joint Registrar of Co-operative Societies and on his complaint, Divisional Joint Registrar cancelled registration of society vide order - Though said order was challenged by Hon’ble Minister rejected the revision application filed by them and confirmed order passed by Divisional Registrar - Whether respondent nos. 9 and 10 wilfully disobeyed the interim order passed by this Court and can be held liable for committing contempt of this Court – Held, it does not appear to court that acts as are alleged against respondent nos. 9 and 10 can be said to be deliberate conduct of said respondents intended for floating interim order passed by this Court - As has been held by Hon’ble Apex Court in the case of Ram Kishan (cited supra), contempt jurisdiction confer on to law courts power to punish an offender for his wilful disobedience/contumacious conduct or obstruction to the majesty of law, for reason that respect and authority commanded by courts of law are greatest guarantee to an ordinary citizen that his rights shall be protected and entire democratic fabric of society will crumble down if respect of the judiciary is undermined – Hon’ble Apex Court has further observed that undoubtedly, contempt jurisdiction is a powerful weapon in the hands of courts of law but that by itself operates as a string of caution and unless, thus, otherwise satisfied beyond reasonable doubt, it would neither be fair nor reasonable for law courts to exercise jurisdiction under the Act - It is further observed that proceedings of contempt being of quasi-criminal in nature, standard of proof required in these proceedings is beyond all reasonable doubt or else it would be hazardous to impose sentence for contempt on mere probabilities - Contempt petition is dismissed.
JUDGMENT :
P.R. BORA, J.
1. The petitioner has filed the contempt petition alleging the willful disobedience and non-compliance of the interim order dated 18.12.2015 passed by this Court in Writ Petition No. 12255 of 2015 by respondent nos. 9 and 10. On 18.12.2015, this Court had passed the following order:
“(1) Heard.
(2) Notice, returnable on 12.01.2016. Learned A.G.P. waives service of notice for respondent Nos. 1 to 4. Mr. V.A. Bagdiya, learned Counsel waives service of notice for respondent No. 5.
(3) Rest of the respondents be served through R.P.A.D.
(4) There shall be status-quo as on today.”
2. Writ Petition No. 12255 of 2015 has been filed by K.D.R. Farms Co-operative Housing Society Ltd. against the order dated 31.01.2011 passed by the Divisional Joint Registrar Co-operative Societies, Aurangabad Division in Appeal No. 23 of 2009 and the order dated 23.11.2015 passed by the Hon'ble Minister for co-operation the State of Maharashtra in Revision Application No. RVA-2011/PK-611/15-S. Vide the aforesaid orders, the registration of the K.D.R. Farms Co-operative Housing Society Ltd has been canceled.
3. It is the case of the present petitioner that he has purchased Plot No. 6 from Gut No. 79 situated at Sharnapur by one Sanjay Joshi, who had represented himself to be developer of the said property. It is the further case of the petitioner that said Mr. Sanjay Joshi had taken the responsibility to provide all the amenities to the purchasers of the said plots. It is the further contention of the petitioner that the said developer, however, did not provide any of the amenities as assured, not even the basic civic amenities. It is the further contention of the petitioner that to escape from the liability of fulfilling the promises made to the purchasers of the plots alike the petitioner, the developer of the said property in collusion with other 10 persons got registered the society under the Maharashtra Co-operative Societies Act, 1960 named as K.D.R. Farms Co-operative Housing Society Ltd. After having come to know that with ulterior motive the co-operative society has been formed, the petitioner made a complaint with the Divisional Joint Registrar of the Co-operative Societies and on his complaint, the Divisional Joint Registrar canceled the registration of the society vide order dated 31.01.2011. Though the said order was challenged by Pradeep Shinde and Rajendra Madhukar Kulkarni, the Hon'ble Minister rejected the revision application filed by them and confirmed the order passed by the Divisional Registrar. Pradeep Shinde and Rajendra Kulkarni have preferred Writ Petition No. 12255 of 2015 in this Court challenging the aforesaid orders and obtained the interim order from this Court which is reproduced herein-above.
4. It is alleged by the present petitioner that under the garb of the said interim order, the respondents continued to carry out the activities under the name of cooperative society. It is further alleged that the respondents are constantly misrepresenting to various authorities and public at large that the High Court vide order passed on 18.12.2015 has permitted the continuance of the housing society and there is no bar for the housing society to carry out the activities and works in the name of Co-operative Housing Society. It is the further allegation of the petitioner that the respondents made complaint against the petitioner with the police authorities that he is causing obstructions in the works being carried out by the said K.D.R. Farms Cooperative Housing Society Ltd. According to the petitioner, the respondents have thus committed willful disobedience of the order passed by this Court. The action is therefore sought against the respondents under the provisions of the Contempt of Courts Act.
5. The respondents have submitted their affidavit in reply denying the allegations made by the petitioner. It is contended in the affidavit in reply that it was the bonafide belief of the respondents that since, this Court ha
