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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.6581 OF 2022

Bhanudas @ Suryabhan S/o Ramchandra Shinde,

Age: 70 years, Occu.: Agril,

R/o. Shiplapur, Tq. Sangamner,

Dist. Ahmednagar.

..Petitioner

Versus

1.

The State of Maharashtra

Through it’s

The Principal Secretary,

Co-operative Department,

Mantralaya, Mumbai.

2.

The Divisional Joint Registrar,

Co-operative Societies, Nashik Division,

Nashik.

3.

The District Registrar (Money Lending) and

District Sub Registrar, Co-operative Society,

(Sanstha), Ahmednagar,

Tal & Dist. Ahemadnagar.

4.

The Deputy Registrar,

Co-operative Societies, Sangamner,

Tq. Sangamner, Dist. Ahmednagar.

5.

Haribhau s/o Kisan Thorat,

Age: 54 years, Occ. Agril,

R/o. Shiplapur, Tal. Sangamner,

Dist. Ahmednagar.

..Respondents

…

Mr. K. N. Shermale, Advocate for the Petitioners.

Mr. S. S. Dande, AGP for Respondents-State.

Mr. S. K. Shinde, Advocate for Respondent No.5.

…

CORAM : SANDEEP V. MARNE, J.

RESERVED ON :

10.11.2022.

PRONOUNCED ON:

15.11.2022.

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JUDGMENT:-

1.

Rule. Rule made returnable forthwith.

With the consent of parties, matter is taken up for

final hearing at the admission stage.

THE CHALLENGE

2.

A somewhat unique issue arises in the

present petition. Whether an authority exercising

powers under the provisions of the Maharashtra

Money Lending (Regulation) Act, 2014 (for short

'the Act of 2014) can pass an order contrary to a

decree passed by a Civil Court? The issue arises in

the light of challenge set out up by Petitioner to

the order dated 30.03.2022 passed by the Divisional

Joint Registrar, Co-operative Societies passed in

Second Appeal No.8/2008 thereby confirming the

order dated 14.06.2018 passed by the District

Registrar (Money Lending) and District Sub

Registrar Co-operative Societies, Ahemadnagar in

Appeal No.69/2017.

FACTUAL MATRIX

3.

Shorn of unnecessary details, facts of the

case are that two sale deeds came to be executed by

respondent no.5 in favour of petitioner on

13.11.2009 transferring the right, tittle and

interest in respect of lands admeasuring 80R each

in Gut No.135/4 for consideration of Rs.3,00,000/-

each (total consideration of Rs.6,00,000/-). There

is a difference of opinion between petitioner and

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respondent no.5 as to the nature of transaction.

While the petitioner has considered the transaction

as a sale deed, respondent no.5 assumes the same as

mortgage by conditional sale.

4.

It is a case of respondent no.5 that he

was in need of money and petitioner, acting as an

unauthorized money lender, advanced loan of

Rs.6,00,000/- to respondent no.5 and took the land

as a security towards the said loan. Despite

respondent no.5 willing to return the amount of

Rs.6,00,000/-, petitioner failed to reconvey the

lands. This led to making of a representation by

respondent no.5 to the Minister for Agriculture and

Marketing on 03.04.2013 alleging that petitioner

has been acting an unauthorized money lender and

transferring in his name lands of poor farmers.

5.

It is the case of petitioner that on

account of respondent no.5 approaching the

Minister, the District Registrar (Money Lending)

initiated proceedings against him under the

provisions of the Act of 2014, despite the fact

that respondent no.5 had already instituted Special

Civil Suit No.20/2012 in the Court of 2^nd Joint

Civil Judge, Senior Division, Sangamner seeking

reconveyance the lands and a declaration that the

transaction was in the nature of mortgage by

conditional sale.

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6. Searches were conducted at the residence of

petitioner and certain documents, on the basis of

which, prima facie doubt was raised that he was

indulging in moneylending activities. In the

proceedings initiated before the District Registrar

(Money Lending), initially an order of remand was

passed on 30.05.2016 directing Sub Registrar, Co-

operative Societies, Sangamner to conduct de novo

enquiry and submit a report. Accordi