Case Note & Summary
The matter arose from writ petitions filed under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging orders passed by the Commissioner of Fisheries, Maharashtra State, Mumbai dated 25 January 2021. The petitioners were fisheries cooperative societies registered under the Maharashtra Cooperative Societies Act, 1960 for respective water bodies. They had been granted no objection certificate by the Assistant Commissioner of Fisheries on 10 September 2020, registration certificate by the Deputy Registrar on 16 September 2020, and an order of the Assistant Registrar on 23 November 2020 directing their registration. The petitioners claimed that they followed due procedure under Government Resolution dated 3 July 2019, which laid down guidelines for registration of fisheries societies. Rival proposed societies (respondent Nos.8 in each petition) had also applied for registration in respect of the same water bodies but were refused registration for non-compliance with the guidelines. Instead of challenging the refusal of their own registration under Section 152 of the Act, the rival societies challenged the registration of the petitioners before the Commissioner. The Commissioner, by the impugned orders, allowed the revision and remanded the matter for fresh decision, simultaneously quashing the registration certificates, no objection certificates, and the Assistant Registrar's order. The petitioners contended that respondent Nos.8 had no locus standi to maintain such revision, that the impugned orders were unreasoned and perverse, that they had spent substantial amounts on seeding, and that the decisions were taken under political pressure. They further pointed to a communication dated 24 September 2021 by the Commissioner directing lower authorities to consider the requests of respondent Nos.8 as evidence of mala fides. The State and respondent Nos.8 argued that the registration was facilitated with undue haste by the same officer acting in different capacities, without sufficient compliance with guidelines, and at the behest of politicians. The High Court heard the matters, reserved judgment on 24 November 2021, and pronounced judgment on 26 November 2021. The provided text ends before the court's final decision and directions, so the outcome is not ascertainable from the available portion.
Headnote
A) Cooperative Societies - Registration of Fisheries Societies - Sections 4 and 9 of Maharashtra Cooperative Societies Act, 1960 - The petitioners were registered as fisheries societies after obtaining NOC and registration certificate, following guidelines in Government Resolution dated 03.07.2019; rival societies were refused registration for non-compliance; issue of locus standi to challenge registration arose (Paras 4-5).
B) Cooperative Societies - Revision under Section 152 - Locus Standi - Section 152 of Maharashtra Cooperative Societies Act, 1960 - The petitioners contended that respondent Nos.8 could not maintain revision against registration without first challenging refusal of their own registration; this raised question of locus standi (Para 5).
C) Administrative Law - Requirement of Reasons - The impugned orders of Commissioner were alleged to be unreasoned and arbitrary, merely reproducing rival contentions without justification (Para 6).
D) Administrative Law - Mala Fides - The petitioners alleged political pressure and pointed to Commissioner's communication dated 24.09.2021 as demonstrating mala fides; respondents countered with allegations of undue haste by same officer in different capacities (Paras 8-9).
Issue of Consideration
Whether the Commissioner's orders dated 25.01.2021 quashing registration of petitioner societies were valid when respondent Nos.8 had not challenged refusal of their own registration and the orders were allegedly unreasoned; and whether procedural irregularities in registration warranted remand.
Law Points
- Registration under Section 9 read with Section 4 of Maharashtra Cooperative Societies Act
- 1960 must follow Government Resolution guidelines
- Revision under Section 152 requires locus standi
- Administrative orders must be supported by reasons
- Mala fides vitiates administrative action
- Natural justice principles require reasoned decisions.
Case Details
2021 LawText (BOM) (11) 10
Writ Petition No. 4071 of 2021 and Writ Petition No. 4820 of 2021 with Civil Application No. 11813 of 2021 in Writ Petition No. 4071 of 2021
Mr. A.N. Nagargoje, Mr. K.B. Jadhavar, Mr. A.B. Girase, Mr. Manoj U. Shelke
Late Bhaurao Markad Matshya Vyavasayeek Sahakari Sanstha Maryadit, Songiri, through its Chairman Bhausaheb s/o Bhaskar Markad
State of Maharashtra through Secretary, Agri., Animal Husbandry, Dairy Development and Fishery Department; Commissioner of Fishery and Additional Registrar; Deputy Registrar; Regional Deputy Commissioner of Fishery; Assistant Commissioner of Fishery; Fishery Development Officer; Assistant Registrar Cooperative Societies; Proposed Tuljabhavani Matshya Vyavasayeek Sahakari Sanstha Maryadit (in WP 4071); Proposed Om Raje Nimbalkar Matshya Vyavasayeek Sahakari Sanstha Maryadit (in WP 4820)
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Nature of Litigation
Writ petitions challenging orders of Commissioner of Fisheries dated 25.01.2021 quashing registration of petitioner fisheries cooperative societies and remanding matters for fresh decision.
Remedy Sought
Petitioners sought quashing of impugned orders of Commissioner and restoration of their registration as fisheries societies.
Filing Reason
Commissioner of Fisheries passed orders quashing the registration orders, certificates, and NOCs issued in favour of petitioner societies, allegedly without jurisdiction and without reasons.
Previous Decisions
Assistant Commissioner issued NOC dated 10.09.2020; Deputy Registrar granted registration certificate dated 16.09.2020; Assistant Registrar passed order dated 23.11.2020 directing registration; Commissioner by orders dated 25.01.2021 quashed these and remanded the matter.
Issues
Whether respondent Nos.8 had locus standi to challenge registration of petitioner societies under Section 152 of the Maharashtra Cooperative Societies Act, 1960 without challenging refusal of their own registration.
Whether the impugned orders of the Commissioner dated 25.01.2021 were unreasoned, arbitrary, and perverse.
Whether there was procedural irregularity or mala fides in the registration process warranting remand.
Submissions/Arguments
Petitioners contended that they followed due procedure and guidelines under Government Resolution dated 03.07.2019 for registration as fisheries societies.
Petitioners argued that respondent Nos.8 were refused registration for non-compliance and did not challenge that refusal under Section 152, hence had no locus standi to challenge petitioners' registration.
Petitioners submitted that the impugned orders of Commissioner were unreasoned, merely reproducing rival contentions, and were perverse, arbitrary, and illegal.
Petitioners stated they had spent huge amounts on seeding and would suffer loss if matter reheard.
Petitioners alleged that impugned decisions were taken under political pressure and pointed to Commissioner's communication dated 24.09.2021 as showing mala fides.
Respondents argued that without sufficient compliance with guidelines, registration was facilitated at behest of politicians by the same officer in different capacities with undue haste, amounting to illegalities.
Judgment Excerpts
The main bone of contention of learned Advocate Mr. A.N. Nagargoje for the petitioners is that Government Resolution dated 03.07.2019 of the State Government lays down the guidelines for grant of registration to the fisheries societies.
Those are sans any reason much less justifying the conclusion. The orders are perverse, arbitrary and illegal.
The learned A.G.P. and learned Advocate Mr. A.B. Girase for respondent Nos.8 would strenuously submit that without there being sufficient compliance with the guidelines dated 03.07.2019, at the behest of politicians, the selfsame fisheries officer ... has shown undesired haste and promptness and has facilitated registration of the petitioner societies within a span of few days under his own signature in different capacities.
Procedural History
Petitioner societies were granted NOC on 10.09.2020, registration certificate on 16.09.2020, and Assistant Registrar order on 23.11.2020. Respondent Nos.8, whose applications were refused, approached Commissioner of Fisheries. Commissioner by orders dated 25.01.2021 quashed the registration orders and remanded matters. Petitioners filed writ petitions challenging these orders. Civil Application No.11813/2021 was filed by Jay Malhar society seeking intervention. The High Court heard the matters and reserved judgment on 24.11.2021, pronounced on 26.11.2021; final decision not included in provided text.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 4, Section 9, Section 152
