BALKISAN DWARKADAS SANGHVI Vs. PADMANABHA COOPERATIVE SOCIETY LTD & ORS.

JUDGEMENT

(1.) By the present petition instituted under Article 226 of the Constitution of India, the petitioner calls in question the legality and correctness of the order dtd. 10/10/2018 passed by the Revisional Authority in proceedings arising under Sec. 9 of the Maharashtra Co-operative Societies Act, 1960, read with Sec. 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.

(2.) The material facts, in brief, are these. The petitioner asserts that he is a lessee of respondent No.

(3.) Society and that the construction of the building, in respect of which respondent No. 3 submitted a proposal for registration, was undertaken at his instance. Placing reliance upon the proviso to Sec. 10 of MOFA, it is contended that no order directing registration of the society could have been passed without impleading him as a party to the proceedings. According to the petitioner, such non-impleadment has resulted in violation of the statutory mandate as well as the principles of natural justice. 3. The petitioner further submits that the authority which passed the impugned order acted without jurisdiction. It is urged that the proposal for registration ought to have been considered by the Deputy Registrar, K-West Ward, and not by the Deputy Registrar, MHADA. The contention proceeds on the footing that, in relation to societies falling within the purview of MHADA, the powers under Sec. 3 of the MCS Act were required to be exercised by the Deputy Registrar, K- West Ward. Hence, according to the petitioner, the impugned order suffers from inherent lack of jurisdiction.