Case Note & Summary
The petitioner filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging a Certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960 dated 03/05/2002. The petition was filed on 15/03/2010, i.e., after about 8 years from the date of the certificate. During this period, the Special Recovery Officer conducted auction proceedings under Rule 101 of the Maharashtra Co-operative Societies Rules. The Court observed that the petitioner did not challenge the auction proceedings and failed to explain the inordinate delay. The Court held that the petition is liable to be dismissed on the ground of delay and laches. The Court dismissed the petition, noting that the petitioner allowed the auction to proceed and cannot now challenge the certificate after such a long delay.
Headnote
A) Constitutional Law - Writ Jurisdiction - Delay and Laches - Articles 226 and 227 of the Constitution of India - The petitioner challenged a certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960 after about 8 years, during which auction proceedings were conducted. The Court held that the petition is liable to be dismissed on the ground of delay and laches as the petitioner failed to explain the inordinate delay and allowed the auction to proceed. (Paras 2-3) B) Co-operative Societies - Recovery Certificate - Section 101 of the Maharashtra Co-operative Societies Act, 1960 - The certificate dated 03/05/2002 was challenged in 2010. The Court noted that the Special Recovery Officer conducted auction proceedings under Rule 101 in the interregnum, and the petitioner did not challenge those proceedings. The Court dismissed the petition, observing that the petitioner cannot be allowed to challenge the certificate after such delay. (Paras 2-3)
Issue of Consideration
Whether the Writ Petition challenging the Certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960 dated 03/05/2002 is maintainable after a delay of about 8 years and in view of subsequent auction proceedings.
Final Decision
The Misc. Civil Application No. 436/2022 is allowed. The Writ Petition No. 1262/2010 is dismissed on the ground of delay and laches.
Law Points
- Delay and laches
- Section 101 Maharashtra Co-operative Societies Act
- 1960
- Auction proceedings
- Writ jurisdiction under Articles 226 and 227
