Advocates:
['BAJAJ ANIL S', 'ADV P S LAKHOTIYA FILED CAVEAT', '', 'COPY SERVED ON GP']

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 6002 of 2013

Mrs. Madhubala w/o. Prakashchandra Mutha,

Age : 51 years,

Occupation : Household,

R/o. At Post Lasur Station,

Taluka : Gangapur,

District : Aurangabad.

.. Petitioner.

versus

1. The State of Maharashtra

[Through its Cooperative Department].

2. Divisional Joint Registrar,

Cooperative Societies, Aurangabad,

Adalat Road, Aurangabad.

3. The Deputy Registrar (Taluka),

Cooperative Societies,

Taluka : Aurangabad,

At Post Dist. Aurangabad.

4. The Special Recovery Officer,

The Ajantha Urban Cooperative Bank Ltd.,

Zambad Heights, Jadhav Mandi,

At Po. Dist. Aurangabad.

5. The Ajantha Urban Cooperative Bank Ltd.,

Zambad Heights, Jadhav Mandi,

At Po. Dist. Aurangabad.

(2)

6. M/s. Mahendra Rice Trading Company,

Proprietor Mr. Mahindra S. Munot,

Age : Major,

Occupation : Business,

R/o. 41, Vardhaman Chamber,

Jafargate, Aurangabad,

District : Aurangabad.

7. Mr. Ramanlal Kundanlal Lodha,

Age : Major,

Occupation : Business,

R/o. Vardhman Residency,

Khivsarapark,

Aurangabad,

Dist. : Aurangabad.

8. Mr. Suwalalji Mishrilalji Chhalani,

Age : Major,

Occupation : Business,

R/o. Mishri Chamber,

Khushalnagar,

Aurangabad,

District : Aurangabad.

.. Respondents.

.......................

Mr. A.S. Bajaj, Advocate, for the petitioner.

Mr. V.B. Ghatge, Assistant Government Pleader, for

respondent nos.1 to 3.

Mr. P.S. Lakhotiya, Advocate, for respondent

nos.4 and 5.

........................

(3)

CORAM : R.G. KETKAR, J.

DATE : 26TH JULY 2013

COURT'S ORDER :

1.

Heard Mr. A.S. Bajaj, learned Counsel for the petitioner; Mr.

V.B. Ghatge, learned Assistant Government Pleader for respondent nos.1

to 3; and Mr. P.S. Lakhotiya, learned Counsel for respondent nos.4 and 5,

at length.

2.

By this petition under Articles 226 and 227 of the

Constitution of India, the petitioner has challenged the judgment and order

dated 23rd July 2013, passed by the Divisional Joint Registrar,

Cooperative Societies, Aurangabad, in Revision Application No. 27/2013.

By that order, the petitioner's Revision Application No. 27/2013 was

dismissed by the Divisional Joint Registrar.

3.

Mr. Lakhotiya submitted that the petitioner has already filed

revision application under Section 154 of the Maharashtra Cooperative

Societies Act, 1960, challenging the recovery certificate dated 27th

February 2007, and the same revision application is pending. He further

raised preliminary objection about maintainability of the present petition.

He invited my attention to the finding recorded by the Divisional Joint

Registrar, to the effect that under Rule 107(14) of the Maharashtra

Cooperative Societies Rules, 1961, [For short, "Rules"] the petitioner has

equally efficacious remedy by way of filing application at any time within

30 days from the date of sale of the immovable property, to the Recovery

(4)

Officer for setting aside the same on the ground of material irregularity or

mistake or fraud in publishing or conducting sale, and in the present case,

that period expires today. He, therefore, submitted that this Court may not

exercise extraordinary powers under Articles 226 and 227 of the

Constitution of India.

4.

It is not in dispute that as per proclamation dated 23rd May

2013, the sale had taken place on 27th June 2013. I find merit in the

submission of Mr. Lakhotiya, that the petitioner has equally efficacious

remedy by way of filing application under Rule 107(14) of the Rules,

before Special Recovery Officer within a period of 30 days from the date

of sale and the said period expires today. In