PANDURANG R. KANADE AND ANOTHER Vs. STATE OF MAHARASHTRA AND OTHERS
LAWS(BOM)-2017-10-248
HIGH COURT OF BOMBAY
Decided on October 31,2017

Pandurang R. Kanade And Another Appellant
VERSUS
State of Maharashtra and Others Respondents

JUDGEMENT

R.M.SAVANT,J. - (1.) Rule. Considering the challenge raised, made returnable forthwith and heard.
(2.) The Writ Jurisdiction of this Court under Article 226 of the Constitution of India is invoked for quashing and setting aside the order dated 6-2-2013 passed by the Respondent No. 6 i.e. the Assistant Registrar of Cooperative Societies, Vita, quashing and setting aside the order dated 18-2-2013 passed by the Respondent No.7 i.e. the Official Liquidator appointed on the Vita Cooperative Electric Supply Cooperative Ltd., Vita and for a declaration that the Sale Deed dated 22-2-2013 with respect to land bearing Survey No. 558 admeasuring 1405.9 sq.mtrs along with Municipal House No. 299 situate at Vita, Taluka Khanapur, District Sangli, executed in favour of the Respondent No. 8, is illegal and void and to quash and set aside the said Sale Deed dated 22-2-2013.
(3.) The facts giving rise to the above Petition in brief can be stated thus:- The Petitioners were the members of the cooperative society known as Cooperative Electric Supply Society Ltd. (for short "the CESS Ltd."). The said society was registered in the year 1953 and its object was to produce and supply electricity to the town of Vita, Taluka Khanapur, District Sangli. The bone of contention in the above Petition is the land bearing CTS No. 558 admeasuring 1405.9 sq.mtrs. along with Municipal House No. 299 situate at Vita which property belongs to the said CESS Ltd. It is an undisputed position that the said property belonging to the said CESS Ltd was purchased partly by funding from its share capital and partly by taking loan. The residents of the town Vita can be said to have therefore contributed to the formation of the said CESS Ltd. The said society had at the relevant time around 600 members.;


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