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2023 Supreme(Bom) 705

N. J. JAMADAR
Mira Bhayander Mahanagarpalika Shramik Sahakari Karmachari Sahakari Patsanstha Limited – Appellant
Versus
Divisional Joint Registrar, Konkan Division, Navi Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandesh Patil, i/b Mr. Prithviraj Gole.
For the Respondents: Mr. Kishor Patil, a/w Mr. Shantanu Raktale and Saurav Katkar, i/b Mr. Amar Parsekar, Mr. P.P. Pujari.

JUDGMENT :

1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.

2. This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of an order passed by the Minister (Cooperation) in Revision Application No.8 to 2020 thereby upholding the order dated 19th December, 2019 passed by the Divisional Joint Registrar, Co-operative Society, Konkan Division, in Appeal No.49 of 2018 allowing the appeal preferred by respondent No.3 Society and ordering the deregistration of the petitioner Society purportedly under the provisions of Section 21A of the Maharashtra Cooperative Societies Act, 1960 (“the Act, 1960”).

3. Background facts leading to this petition can be stated in brief as under:

    (a) The petitioner is an employees’ society, classified as “Salary Earners Society”. Members of the petitioner are the employees of Mira Bhayander Municipal Corporation (“the Corporation”). Respondent No.3 is also a society of the salary earners who are employed with the Corporation. Respondent No.3 was registered under the provisions of the Act, 1960, in the year 1995.

(b) Pursuant to the request of th

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