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2023 Supreme(Bom) 408

ARUN R. PEDNEKER
Mauli Sai Samarth Dhanya Adhikosh Seva Sahakari Sanstha Maryadit, Through its Chairman Prakash S/o. Kishanrao Pardhi – Appellant
Versus
State of Maharashtra, Through its Principal Secretary Co-operation, Marketing and Textile Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.N. Dhorde, Senior Counsel i/b. Mr. V.R. Dhorde.
For the Respondents:Mr. D.R. Kale, Government Pleader, Mr. V.D. Salunke, Advocate holding for Mr. M.V. Nagargoje.
For the Intervener : Mr. V.D. Hon, Senior Counsel i/b. Mr. P.D. Bachate.

JUDGMENT :

1. The petitioners are challenging the impugned order dated 02.11.2022 passed by the Hon’ble Minister for Co-operation in Appeal No.246 of 2022. By the impugned order, the Hon’ble Minister has confirmed the instructions – order dated 08.04.2022 issued by the Commissioner for Co-operation – respondent no.2 in Writ Petition No.11906 of 2022, changing the classification of the Dhanya Adhikosh Societies and issuing instructions to amend the bye laws of the said societies. The changes are made applicable for new as well as existing Dhanya Adhikosh societies.

2. All petitions involve identical issue and as such are taken up for consideration together.

3. Facts are taken from Writ Petition No.11906 of 2022. The petitioner in Writ Petition No.11906 of 2022, Sarangpur Shetkari Dhanya Adhikosh Seva Sahakari Sansths Ltd. is registered society under the provisions of the Maharashtra Co-operative Societies Act, 1960 [for short ‘the Act of 1960’] and as per the bye-laws, the petitioner - society is classified as ‘Resource Society’ and Sub-classification is ‘Service Society’ falling i

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