Case Note & Summary
The Petitioner, Pran Ashish Cooperative Housing Society Limited, a registered cooperative society under the Maharashtra Cooperative Societies Act, 1960, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 30 June 2025 passed by the District Deputy Registrar, Cooperative Societies, Mumbai City (3) and Competent Authority (Respondent No.1). The impugned order was passed under Section 154A of the Maharashtra Cooperative Societies Act, 1960, directing the Petitioner to hand over possession of the society's premises to Respondent No.2, Tarun Shah, who claimed to be a member of the society. The Petitioner contended that the order was passed without jurisdiction, without affording any opportunity of hearing, and in violation of principles of natural justice. The Petitioner argued that Section 154A does not empower the District Deputy Registrar to adjudicate disputes relating to possession or title between the society and its members, and that such disputes fall within the purview of the Cooperative Court under Section 91 of the Act. The Respondents, including Tarun Shah and other members, opposed the petition, arguing that the Petitioner had an alternative remedy under Section 152 of the Act by way of appeal or revision, and that the petition was not maintainable. The High Court, after hearing the parties, held that the impugned order was patently without jurisdiction as Section 154A does not confer power to decide possession disputes. The court further held that the order was passed in gross violation of principles of natural justice as no notice or hearing was given to the Petitioner. The court also held that the availability of an alternative remedy is not an absolute bar to the exercise of writ jurisdiction where the order is without jurisdiction or in violation of natural justice. Accordingly, the court allowed the petition, quashed and set aside the impugned order dated 30 June 2025, and directed the District Deputy Registrar to decide the matter afresh after giving an opportunity of hearing to all concerned parties, in accordance with law.
Headnote
A) Cooperative Law - Jurisdiction of District Deputy Registrar - Section 154A Maharashtra Cooperative Societies Act, 1960 - The District Deputy Registrar acted without jurisdiction in passing an order under Section 154A directing the society to hand over possession to a member, as the provision does not confer power to adjudicate title or possession disputes between society and its members. Held that the order was patently without jurisdiction and in violation of principles of natural justice. (Paras 1-29) B) Constitutional Law - Maintainability of Writ Petition - Article 226 of Constitution of India - Alternative remedy is not an absolute bar to the exercise of writ jurisdiction where the order is patently without jurisdiction or in violation of natural justice. Held that the petition was maintainable despite availability of alternative remedy under Section 152 of the Act. (Paras 1-29) C) Cooperative Law - Natural Justice - Section 154A Maharashtra Cooperative Societies Act, 1960 - The impugned order was passed without giving any opportunity of hearing to the Petitioner society, violating principles of natural justice. Held that the order was liable to be set aside on this ground alone. (Paras 1-29)
Issue of Consideration
Whether the impugned order dated 30 June 2025 passed by the District Deputy Registrar under Section 154A of the Maharashtra Cooperative Societies Act, 1960, directing the Petitioner to hand over possession of the society's premises to Respondent No.2, is sustainable in law and whether the petition under Article 226 is maintainable despite availability of alternative remedy.
Final Decision
The High Court allowed the writ petition, quashed and set aside the impugned order dated 30 June 2025 passed by the District Deputy Registrar, and directed the District Deputy Registrar to decide the matter afresh after giving an opportunity of hearing to all concerned parties, in accordance with law.
Law Points
- Natural justice
- jurisdiction of District Deputy Registrar
- Section 154A Maharashtra Cooperative Societies Act
- 1960
- maintainability of petition under Article 226
- alternative remedy not an absolute bar
