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

This writ petition challenges the legality and correctness of a recovery certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1961. The petitioner contested the steps taken by the co-operative society and recovery officer to recover the amount, which ultimately led to the confirmation of the sale of agricultural land to auction purchasers. The Divisional Joint Registrar had previously dismissed the petitioner's revision application.

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
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 : 27th April 2021
 Judgment Pronounced on : 25th 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 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 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 31st March 2012 of agricultural land bearing Gat No. 49, (‘the subject land’) in favour of respondent Nos. 8 and 9-the Auction Purchasers, came to be dismissed.

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