Advocates:
['SHAH SUBODH P', 'COPY SERVED ON GP', '', 'GP', 'AND', 'SHINDE ABASAHEB D', 'HON ASHWIN V', 'R NO TO', 'amp; SERVED', 'AGP', 'amp']

WP-5627-2019 A'BAD.DOC

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 5627 OF 2019

Arjun Fakira Bari

Age : 52 years, Occup. Agril.

R/o. Shirsoli,

Tq. & Dist . Jalgaon

… Petitioner

Versus

1]

Divisional Joint Registrar,

Co-operative Societies,

Nashik

2]

Deputy Registrar,

Co-operative Societies,

Nashik

3]

Purnavad Nagari Sahakari

Patsanstha, Maryadit, Shirsoli,

Tq. & Dist . Jalgaon

Through its Manager

4]

Special Recovery Offcer,

Purnavad Nagari Sahakari

Patsanstha, Maryadit, Shirsoli,

Tq. & Dist . Jalgaon

5]

Madhukar Fakira Bari,

Age : 50 years, Occup. Agril.

R/o. Shirsoli,

Tq. & Dist . Jalgaon

6]

Kailas Kachru Patil,

Age : 45 years, Occup. Agril.

R/o. Shirsoli,

Tq. & Dist . Jalgaon

7]

District Deputy Registrar,

(Co-operative Societies), Jalgaon

8]

Mahendra Narayan Kedar

Age : 48 years, Occ : Business,

R/o. Shrikrushan Colony, Jagaon,

Tq. And Dist. Jalgaon

9]

Anil Totaram Shimpi

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Age : 45 years, Occup. Business,

R/o. Soyegaon,

Tq. & Dist. Aurangabad.

… Respondents

Mr. Subodh P. Shah, for the petitioner.

Mr. G. O. Wattamwar, AGP for respondent Nos. 1, 2 and 7.

Mr. V. D. Hon, Senior Advocate for respondent Nos.3 and 4.

Mr. Abasaheb Shinde for respondent Nos.8 and 9.

****

CORAM

: N.J. JAMADAR, J.

Reserved for Judgment on : 27^th April 2021

Judgment Pronounced on : 25^th May 2021

(THROUGH VIDEO CONFERENCE)

JUDGMENT :

1.

Rule. Rule made returnable forthwith and with the

consent of the counsels for the parties, heard fnally at the stage

of admission.

2.

The challenge in this petition is to the judgment and order

dated 12^th April 2019 in Revision Application No.NIL/2011

passed by Divisional Joint Registrar, Co-operative Societies,

Nashik, whereby the revision application preferred by the

petitioner assailing the legality, propriety and correctness of the

recovery certifcate issued under section 101 of the Maharashtra

Co-operative Societies Act, 1961 (‘The Act, 1961’) and the steps

taken by respondent No.3-Society and respondent No.4, the

Recovery Offcer, to recover the amount thereunder, culminating

in the order of confrmation of sale dated 31^st March 2012 of

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agricultural land bearing Gat No. 49, (‘the subject land’) in

favour of respondent Nos. 8 and 9-the Auction Purchasers, came

to be dismissed.

3.

The background facts leading to this petition can be

summarized as under :-

(a)

The petitioner had availed a loan of

Rs.75,000/- from Purnavad Nagari Sahakari

Patsanstha, Maryadit, Shirsoli - respondent

No.3-Society. The loan was advanced on the

terms and conditions incorporated in the

sanction letter dated 18^th October 2005. It was

to be repaid within a period of 60 months

thereof. Under the terms thereof, the petitioner

and his father mortgaged an immovable

property bearing House No.728 in favour of

respondent No.3 under a Mortgage Deed, dated

21^st Octoer, 2005 and thereby created security

interest thereon.

(b)

A part of loan amount, however, remained

outstanding. It is the claim of the petitioner

that the petitioner became aware of steps

having been initiated by the respondent No.3

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and Recovery Offcer-respondent No.4, to

recover the outstanding amount only when a

notice of auction sale was published in the

newspaper by the respondent Nos.3 and 4 on

6^th September 2011. Thereupon, the petitioner

claimed to have gathered relevant information.

(c)

It transpired that the respondent No.3

had preferred an application on 8^th October

2009 for grant of certifcate under section 101 of

the Act, 1961 though the entire amount had not

fallen due. The District Deputy Registrar,

Jalgaon-respondent No.7 issued the recovery

certifcate on 9^th

December 2009