RAMESHCHANDRA RAMCHANDRA GOLECHA AND ORS. Vs. DY. REGISTRAR (MONEY LENDERS) & DY. REGISTRAR COOPERATIVE SOCIETIES TAL. AKOLA AND ORS.

JUDGEMENT

(1.) RULE . Heard finally with consent of learned counsel for the parties. These Writ Petitions lay challenge to certificates issued by the respondent no.1 -Deputy Director (Money lending) and Deputy Registrar Cooperative Societies, Taluka Akola addressed to respondent no.2 -complainant wherein it is observed that the respondent no.2 had been exonerated from repaying amount of loan said to be borrowed from the petitioner. In view of orders dated 23.12.2013 passed by the Division Bench, these matters were directed to be decided by Single Judge.

(2.) FACTS in Writ Petition No. 6817 of 2013 are being referred to:

(3.) SMT . M.N. Hiwase, learned Assistant Government Pleader appearing for respondent nos. 1 and 3 has relied upon the affidavit in reply filed on record. It is submitted that the inquiry in question is still pending and there has been no final adjudication in said proceedings. It is stated that the certificate in question had been issued after examining the records available with the office of respondent no.1. It is further stated that status of the petitioners as money lenders has not yet been decided and nor does the certificate state that the petitioners were indulging in illegal money lending activities. Reference was made to Government Resolution dated 19.12.2005 wherein a special package had been declared for six districts in Vidarbha Region and one of the aspects was in respect of suicides of farmers on account of demands being made by unauthorised money lenders. It is further submitted that in the inquiry proceedings due opportunity was being given to the petitioners and only after considering the entire record, a final decision in the matter would be taken. It was, therefore, submitted that the respondent no.1 acted within its authority and powers conferred by Section 13(A) of the said Act while issuing the certificate in question.