Case Note & Summary
The petitioner, Garodia Co-operative Housing Society Ltd., through its Honorary Secretary, filed a writ petition challenging an order dated 15th June, 2019 passed by Respondent No.1, the District Deputy Registrar Co-operative Society (2), Eastern Suburbs, Mumbai. The order was passed without hearing the petitioner and without considering its objections. The petitioner sought quashing of the order on the ground of violation of principles of natural justice. The respondents included the District Deputy Registrar, Parmeshwaridevi Garodia Trust, and Maheshkumar Gordhandas Garodia, trustee and beneficiary of the trust. The court, presided over by Justice Arif S. Doctor, reserved the judgment on 2nd May, 2023 and pronounced it on 10th July, 2023. The court held that the impugned order was passed in violation of natural justice as the petitioner was not heard. Consequently, the court allowed the writ petition, set aside the order, and remanded the matter back to Respondent No.1 for fresh consideration after giving an opportunity of hearing to all parties. The court directed that the matter be decided expeditiously, preferably within three months from the date of the order.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Maharashtra Cooperative Societies Act, 1960 - The District Deputy Registrar passed an order without affording an opportunity of hearing to the petitioner society, thereby violating principles of natural justice - Held that quasi-judicial orders must comply with audi alteram partem rule (Paras 1-5).
Issue of Consideration
Whether the impugned order dated 15th June, 2019 passed by the District Deputy Registrar, Cooperative Societies, without hearing the petitioner and without considering its objections, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 15th June, 2019 is set aside. The matter is remanded back to Respondent No.1 for fresh consideration after giving an opportunity of hearing to all parties. The matter shall be decided expeditiously, preferably within three months from the date of the order.
Law Points
- Natural Justice
- Right to be Heard
- Quasi-Judicial Authority
- Cooperative Societies
- Writ Jurisdiction
Case Details
2023 LawText (BOM) (07) 103
Writ Petition No. 2749 of 2022
Mr. Vipul J. Shah for the Petitioner, Mr. Hemant Haryan, AGP for State-Respondent No.1, Mr. Sanjay Jain a/w. Mr. Huzefa S. Khokhawala and Ms. Bhakti Jain i/by M/s. Nankani and Associates for Respondent No.3
Garodia Co-operative Housing Society Ltd. Through its Hon. Secretary
1. District Deputy Registrar Co-operative Society (2), Eastern Suburbs, Mumbai, 2. Parmeshwaridevi Garodia Trust, 3. Maheshkumar Gordhandas Garodia
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India challenging an order of the District Deputy Registrar, Cooperative Societies.
Remedy Sought
Quashing of the order dated 15th June, 2019 passed by Respondent No.1.
Filing Reason
The impugned order was passed without hearing the petitioner and without considering its objections.
Previous Decisions
Order dated 15th June, 2019 passed by Respondent No.1.
Issues
Whether the impugned order dated 15th June, 2019 passed by the District Deputy Registrar, Cooperative Societies, without hearing the petitioner and without considering its objections, is sustainable in law.
Submissions/Arguments
Petitioner argued that the order was passed in violation of principles of natural justice as no opportunity of hearing was given.
Respondent No.1 (State) and Respondent No.3 opposed the petition, but the court found merit in the petitioner's contention.
Ratio Decidendi
A quasi-judicial authority must comply with principles of natural justice, including the right to be heard, before passing an order adverse to a party. Failure to do so renders the order invalid.
Judgment Excerpts
The present Writ Petition impugns an order dated 15th June, 2019, by which, Respondent No.1 being District Deputy Registrar Co-operative Society (2), Eastern Suburbs, Mumbai passed an order without hearing the Petitioner and without considering its objections.
Procedural History
The petitioner filed Writ Petition No. 2749 of 2022 before the High Court of Judicature at Bombay challenging the order dated 15th June, 2019 passed by Respondent No.1. The court reserved judgment on 2nd May, 2023 and pronounced it on 10th July, 2023.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960:
