PANJIM: The High Court of Bombay at Goa quashed and set aside the order of the Assistant Registrar of Cooperative Societies directing the Bardez Mamlatdar to take action under Section 68A (2) of the Goa Co-operative Societies Act, by authorising the police to seize the records/documents from the custody of Secretary of Mother Agnes Field View Co-operative Housing Society Ltd, Santerxtte-Aldona.
Rajkumar Gadge, builder and secretary of Mother Agnes Field View Co-operative Housing Society Ltd had filed a writ petition challenging the order dated February 7, 2023 passed by the Assistant Registrar Cooperative Society and directing the Mamlatdar to take necessary action under Section 68A (2) of the Goa Co-operative Societies Act, 2001 by authorising the police officers to seize the records/documents from the custody of the petitioner and hand over it to the chairman of the society.
Arguing on behalf of the petitioner, Adv Shivan Desai submitted that the Assistant RCS passed the order flouting the principles of natural justice as no opportunity was given to the petitioner, without hearing him and nor even issuing show cause notice.
Additional Government Adv Sulekha Kamat told the court that the concerned authority will hear the petitioner and pass appropriate orders.
Quashing and setting aside the order, Justice B P Deshpande said that the Assistant RCS order was not an administrative order but amounts to exercise of quasi-judicial powers. In such circumstances and without giving opportunity to the person to be affected, passing of such order would be against the principles of natural justice.
The Court has now directed the Assistant RCS to hear the petitioner on Tuesday, January 16 and thereafter to pass fresh order within next eight days.
