The Bombay High Court allowed the writ petition filed by Petit Mansion C-Wing Cooperative Housing Society Limited and its Chairperson challenging orders passed by the Deputy Registrar and the Divisional Joint Registrar under the Maharashtra Cooperative Societies Act, 1960. The impugned orders, passed under Section 154B-27, had directed inclusion of certain respondents’ names and issuance of maintenance bills on the basis of a disputed 4% share in a shop arising from consent terms and a conveyance deed. The Court held that Section 154B-27 is a purely enforcement provision and does not empower the Registrar to adjudicate disputes relating to ownership, membership or civil liability. It was found that the authorities had exceeded their jurisdiction by effectively deciding substantive civil rights and directing the Chief Promoter, despite serious disputes raised by the society. Accordingly, all impugned orders and consequential show-cause notices were quashed, with liberty to the parties to seek appropriate relief before the competent forum.
Maharashtra Cooperative Societies Act, 1960 — S. 154B-27--The petitioners, Petit Mansion C-Wing Cooperative Housing Society Limited and its Chairperson, filed a writ petition challenging orders dated 24 March 2025 and 19 December 2024 passed by the Divisional Joint Registrar and Deputy Registrar under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960 (MCSA) -- The orders directed inclusion of respondent Nos.5 to 8 in the registration documents of petitioner No.1 society based on an unregistered conveyance deed for a 4 percent share in Shop No. C/S/06 -- — HIGH COURT Held, S.154B-27 is an enforcement provision enabling Registrar to ensure performance of pre-existing and undisputed statutory duties of a society — Registrar has no adjudicatory power to decide disputes relating to ownership, membership, title or civil liability — Direction to issue maintenance bills involving financial liability amounts to adjudication, impermissible under S.154B-27 — Registrar cannot issue directions to Chief Promoter in absence of statutory authority — Estoppel or consent cannot confer jurisdiction — Orders passed under S.154B-27 and affirmed in appeal held without jurisdiction and quashed — Parties left free to pursue remedies before competent forum.
The High Court allowed the writ petition, quashed the impugned orders dated 24 March 2025 and 19 December 2024 passed under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960, and set aside the consequential show cause notices dated 5 February 2024 and 10 June 2024.
Citation: 2026 LawText (BOM) (01) 65
Case Number: Writ Petition No.17059 of 2025
Date of Decision: 2026-01-16
Case Title: The Issue of Consideration was whether the orders passed under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960, directing inclusion of respondent Nos.5 to 8 in the registration documents of petitioner No.1 society, were legally sustainable given procedural irregularities and lack of jurisdiction
Before Judge: Amit Borkar J.
Advocate(s): Mr. Bhavin Gada, Ms. Anchal Singhania, Mr. Dhaval Visawadia, Ms. Dharmi Savla, Mrs. V. S. Nimbalkar, Mr. Avinash Joshi
Appellant: Petit Mansion C-Wing Cooperative Housing Society Limited, Heena Kishor Gala
Respondent: The State of Maharashtra, The Divisional Joint Registrar, Cooperative Societies Mumbai Division, The Deputy Registrar, Cooperative Societies Mumbai Division, Dilip Vallabh Sanghvi (Since Deceased), Nayna Dilip Sanghvi, Ruchi Dilip Sanghvi, Priyank Dilip Sanghvi, Lakhamshi Ratanshi Karia, Jinesh Lakhamshi Karia, Monil Mahesh Shah, Kunjal Lakhamshi Karia, Petit Mansion Cooperative Housing Society Limited
Nature of Litigation: Writ petition challenging administrative orders under cooperative society law
Remedy Sought: The petitioners sought quashing of orders dated 24 March 2025 and 19 December 2024 passed under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960, and consequential show cause notices
Filing Reason: The petitioners alleged that the authorities acted without jurisdiction and in violation of natural justice by directing inclusion of respondent Nos.5 to 8 in registration documents based on an unregistered conveyance deed
Previous Decisions: Order dated 20 May 2022 bifurcated petitioner No.1 society, Order dated 28 December 2022 by Deputy Registrar allowed application under Section 154B-27, Order dated 24 March 2025 by Divisional Joint Registrar confirmed the Deputy Registrar's order, Order dated 19 December 2024 confirmed another order under Section 154B-27
Issues: Whether the orders under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960 were passed with proper jurisdiction and in compliance with natural justice Whether the reliance on an unregistered conveyance deed for including respondent Nos.5 to 8 in registration documents was legally valid
Submissions/Arguments: The petitioners argued that the authorities failed to consider their submissions and the unregistered nature of the conveyance deed, The respondents argued that the orders were based on valid consent terms and conveyance deed
Ratio Decidendi: Administrative authorities under the Maharashtra Cooperative Societies Act, 1960 must act within their jurisdiction and adhere to principles of natural justice -- Orders based on unregistered documents without proper consideration of objections are liable to be quashed in writ jurisdiction
Judgment Excerpts: The petitioners have filed this writ petition to challenge the judgment and order dated 24 March 2025 passed by respondent No.2 in Appeal No.53 of 2024 By that judgment and order, respondent No.2 confirmed the order dated 19 December 2023 passed by the Deputy Registrar under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960 The petitioners also challenge the order dated 19 December 2024 passed in Appeal No.201 of 2023 confirming the order dated 20 December 2022 passed under Section 154B-27 of the said Act
Procedural History: The petition was reserved on January 7, 2026 and pronounced on January 16, 2026, following previous orders by the Deputy Registrar and Divisional Joint Registrar under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960
