The Deputy Registrar lacks jurisdiction to adjudicate membership and ownership disputes under Section 154B-27 of the Maharashtra Cooperative Societies Act, which only allows for enforcement of existing duties.

JUDGMENT :

AMIT BORKAR, J.

1. The petitioners have filed this writ petition to challenge the judgment and order dated 24 March 2025 passed by respondent No.2 in Appeal No.53 of 2024. By that judgment and order, respondent No.2 confirmed the order dated 19 December 2023 passed by the Deputy Registrar under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960. The petitioners also challenge the order dated 19 December 2024 passed in Appeal No.201 of 2023 confirming the order dated 20 December 2022 passed under Section 154B-27 of the said Act. The petitioners further challenge the consequential show cause notices dated 5 February 2024 and 10 June 2024 calling upon them to comply with the impugned orders.

2. The facts giving rise to the present writ petition are as follows. Petitioner No.1 is a cooperative housing society registered on 1 January 1982 under the Maharashtra Cooperative Societies Act. The society admitted one Mr. Dady Sorabjee Major as member in respect of Shop No. C/S/06 on 19 July 1998. Thereafter Smt. Manek Ady Amroliwala became a member of petitioner No.1 society. On 20 January 2000 respondent No.4 purchased Shop No. C/S/06 from Smt. Manek Ady Amroliwala. On 13 July 2004 respondent No.4 became a member of respondent No.9 society. On 25 August 2014 consent terms were filed between respondent Nos.5 to 8 and respondent No.4 in Suit No.257 of 2013 in respect of a 4 percent undivided share in Shop No. C/S/06. On 27 June 2016 further consent terms were filed in the same suit, under which respondent No.5 was held entitled to a 4 percent share in Shop No. C/S/06. On 4 October 2016 a deed of conveyance was executed between respondent No.4 and respondent Nos.5 to 8 in respect of the said 4 percent share. According to the petitioners, the consent terms are not registered and no stamp duty has been paid. By order dated 20 May 2022 passed by respondent No.3, petitioner No.1 society stood bifurcated. On 29 August 2022 respondent No.4 addressed a letter to petitioner No.2 claiming ownership of Shop No. C/S/06 on the basis of the said conveyance deed, which according to the petitioners relates only to a 4 percent share. On the same day respondent Nos.5 to 8 addressed a letter to the Chairman of petitioner No.1 stating that respondent No.4 had ceased to be the owner of Shop No. C/S/06.

3. On 29 August 2022 the Chairman of petitioner No.1 addressed a letter to respondent No.9 society seeking details of members of Wing C. Respondent No.9, by its letter of the same date, forwarded the list of members of Wing C showing respondent No.4 as member in respect of Shop No. C/S/06. Respondent Nos.5 to 8 thereafter filed an application before respondent No.3 against petitioner No.1 seeking directions to the Chief Promoter to submit A, B and C statements and bye laws for formation and registration of the society pursuant to the order dated 20 May 2022 in respect of Shop No. C/S/06. By letter dated 8 December 2022 petitioner No.1 called upon respondent Nos.5 to 8 to produce relevant documents and grant inspection as referred to in their application dated 12 September 2022. Respondent Nos.5 to 8 did not comply. Respondent No.3 by order dated 28 December 2022 allowed the said application under Section 154B-27 and directed the Chief Promoter of petitioner No.1 society to include the names of respondent Nos.5 to 8 in the documents filed for registration of the society. On 10 January 2023 petitioner No.1 addressed a communication to respondent No.3 stating that the registration proposal of petitioner No.1 society had already been filed