Petitioner assailes the legality, propriety and correctness of the recovery certifcate issued u/s 101 of Maharashtra Co-operative Societies Act, 1961

Last updated: 04 June 2021

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This writ petition challenges the validity of a recovery certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1961. The petitioner contested the recovery proceedings and the subsequent sale of their agricultural land. The High Court reviewed the legality and propriety of the certificate and the actions taken by the co-operative society and recovery officer.

Court :
Bombay High Court

Brief :
The challenge in this petition is to the judgment and order dated 12th 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 certificate 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 Officer, to recover the amount thereunder, culminating in the order of confirmation of sale dated 31st March 2012 of agricultural land bearing Gat No. 49, (‘the subject land’) in favor of respondent Nos. 8 and 9-the Auction Purchasers, came to be dismissed.

Citation :
WRIT PETITION NO. 5627 OF 2019

Daily Limit Reached