JUDGMENT:- Heard the respective Counsel appearing for the parties. 2. Rule. By consent of the parties, taken up for final hearing at the stage of admission. 3. The petitioner herein raising exception to the order passed by the Minister of State for Revenue on 03/12/2008 in R.T.S.-4407/Case No.523/L-6. It is admitted position that respondents No.2 to 4 are the guarantors in respect of loan secured by M/s. Satyanarayan Mohanlal. The principal borrower has secured a loan from the petitioner-Bank to the tune of Rs.5 lakhs on 30/5/1999 which was supposed to carry interest @ 18% per annum. Respondents No.2 to 4 stood guarantor for the loan borrowed by M/s. Satyanarayan Mohanlal. Respondents No.2 to 4 agreed to create charge over the plots situated at Shegaon belonging to them. It is stated that respondents No.2 to 4guarantors are signatories to the application tendered by the principal borrower for securing loan. They also have tendered declaration and agreed to create charge over the property belonging to them and also tendered an affidavit in accordance with Section 48 of the Maharashtra Co-operative Societies Act, 1960. In pursuance of the undertaking given by the respondents and in view of the declaration issued by the concerned guarantors in favour of the petitioner-Bank, request was extended by the Bank for recording entry of loan in the relevant revenue record maintained by the revenue officials. Considering the request made by the petitioner-Bank, the entry in respect of charge over the property was recorded by the revenue officials. It further transpires that the entry in respect of charge over the property recorded by the revenue officials was deleted. As such, the Bank tendered an application on 31/8/2007 requesting the revenue officials to continue the said entry. The application tendered by the Bank was considered favorably and the Tahsildar, in view of the order passed on 15/2/2003 directed recording of the entry in respect of creation of charge over the property at the instance of the Bank in the revenue record relating to the property belonging to the concerned respondents. The order in respect of recording entry in the revenue record in respect of the charge recorded at the instance of the Bank subjected to challenge in an appeal presented by respondents No.2 to 4 to the Sub-Divisional Officer. The appeal came to be dismissed by the appellate Authority. The order in respect of recording entry in the revenue record in respect of the charge recorded at the instance of the Bank subjected to challenge in an appeal presented by respondents No.2 to 4 to the Sub-Divisional Officer. The appeal came to be dismissed by the appellate Authority. It further transpires that after lapse of about five years, a review application was tendered to the Minister of State for Revenue on 03/12/2008. It is contended that there was no application requesting to condone the delay. It is also further contended that the review application was treated as revision under Section 258 of the Maharashtra Land Revenue Code. The Minister of State for Revenue has decided the matter without considering the aspect of delay in presenting the matter and has proceeded to allow the revision application and directed deletion of the entry in respect of charge recorded in the revenue record pertaining to the property belonging to respondents No.2 to 4. 4. It appears that the Minister has adopted a view that the declarations presented to the revenue officials as per Section 48 of the Co-op. Societies Act in form 'L' have not been registered with the registering authority and no stamp duty has been paid and as such the document i.e. declaration under Section 48 cannot be the basis for recording entry in respect of creation of charge. The Minister of State for Revenue was of the opinion that the document in respect of creation of charge shall be registered and in absence of any registered document, entry in the revenue record in respect of creation of charge cannot recorded. 5. The Counsel for the petitioner has vehemently contended that the view adopted by the Minister is erroneous and there is no need for securing registered instrument for the purpose of recording entry in the revenue record in respect of creation of charge in relation to the properties mortgaged in favour of the Bank. The Counsel appearing for the petitioner seeks leave to rely on the judgment in the matter of Narayan Kisan Gade Vs. Machchindranath Kundlik Tarade & another reported in 1994 Mh. L.J. 558. The Counsel appearing for the petitioner seeks leave to rely on the judgment in the matter of Narayan Kisan Gade Vs. Machchindranath Kundlik Tarade & another reported in 1994 Mh. L.J. 558. Placing reliance on the judgment, the Counsel appearing for the petitioner contends that the view adopted by the Minister is erroneous and the declaration presented before the revenue officials in the prescribed form is sufficient to record the entry in respect of creating charge. The argument advanced by the petitioner is that the view taken by the Minister while dealing with the review application is not correct and there is no proper appreciation of the relevant provisions of law. The reasons recorded by the revisional authority may be erroneous but the final decision recorded needs to be upheld for certain other reasons noted herein below. 6. It is to be noted that the petitioner herein is Bank seeking direction to the revenue officials to record the entry in respect of creation of charge over the properties belonging to the guarantors in view of the declaration signed by them in the prescribed form. Section 48 of the Maharashtra Co-op. Societies Act reads thus; "48. Charge on immovable property of members borrowing from certain societies Notwithstanding anything contained in this Act or in any other law for the time being in force.(a) any person who makes an application to a society of which he is a member, for a loan shall, if he owns any land or has interest in any land as a tenant, make a declaration in the form prescribed. Such declaration shall state that the applicant thereby creates a charge on such land or interest specified in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application, and for all future advances in any required by him which the society may make to him such member, subject to such maximum as may be determined by the society together with interest on such amount of the loan and advances; (b) any person who has taken a loan from a society of which is a member, before the date of the coming into force of this Act, and who owns any land or has interest in land as a tenant, and who has not already made such a declaration before the aforesaid date shall, as soon as possible thereafter, make a declaration in the form and to the effect referred to in clause (a); and no such person shall, unless and until he has made such declaration, be entitled to exercise any right, as a member of the society; (c) a declaration made under clause (a) or (b) may be varied at any time by a member, with the consent of the society in favour of which such charge is created; (d) no member shall alienate the whole or any part of the land or interest therein, specified in the declaration made under clause (a) or (b) until the whole amount borrowed by the member together with interest thereon, is repaid in full; Provided that, it shall be lawful to a member to execute a mortgage bond in respect of such land or any part thereof in favour of a Co-operative Agriculture and Rural Multipurpose Development Bank or of the State Government under the Bombay Canal Rules made under the Bombay Irrigation Act, 1879 or under any corresponding law for the time being in force for the supply of water from a canal to such land, or to any part thereof; Provided further that, if a part of the amount borrowed by a member is paid the society with the approval of the Central Bank to which it may be indebted may, on an application from the member, release from the charge created under the declaration made udder clause (a) or (b), such part of the movable or immovable property specified in the said declaration, as it may deem proper, with due regard to the security of the balance of the amount remaining outstanding from the member; (e) any alienation made in contravention of the provisions of clause (d) shall be void; (f) Subject to all claims of the Government in respect of land revenue or any money recoverable as land revenue, and all claims of the Co-operative Agriculture and Rural Multipurpose Development Bank in respect of its dues, in either case whether prior in time or subsequent and to the charge if any created under an award made under the Bombay Agricultural Debtors Relief Act, 1947 or any corresponding law for the time being in force in any part of the State, there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (a) or (b), for and to extent of the dues owing by the member on account of the loan. (g) and in particular, notwithstanding anything contained in Chapter X of the Maharashtra Land Revenue Code, 1966, the Record of Rights maintained thereunder shall also include the particulars of every change on land or interest created under a declaration under clause (a) or (b) and also the particulars of extinction of such change. Explanation.- For the purposes of this section, the expression "society" means(i) any resource society, the majority of the members of which are agriculturists and the primary object of which is to obtain credit for its members, or (ii) any society, or any society of the class of societies, specified in this behalf by the State Government, by a general or special order." Rule 48 of Maharashtra Co-operative Societies Rules, 1961 reads thus: "48, Form of declaration be made by members borrowing loans from certain societies and conditions on which any Charge in favour of a society shall be satisfied. (1) A declaration to be made under clauses (a) and (b) of Section 48 shall be in Form 'L'. (2) A register of such declarations shall be kept by the society in Form 'M'. (3) A charge on any immovable property created by a member in favour of a society for amounts borrowed or likely to be borrowed by him, from time to time, shall, subject to the provisions of clauses (c) and (d) of Section 48 continue in force till the person creating the charge ceases to be a member of the society. (4) Where a member of a society creates a charge on his land or on his interest in any land as a tenant by declaration under Section 48, the society may, if compelled to make use of such property for the recovery of the loan granted to such member against the security of such property or interest in the property, utilise the whole or any portion of such property which may be sufficient to satisfy the amount due with interest and any incidental expenses incurred in that connection. (5) Where a charge is created by a member on his land or on his interest in any land as a tenant by declaration under Section 48, the society shall record or cause to record such particulars of charge in the Record of Rights maintained by the village officers of the village where such property is situated. (5) Where a charge is created by a member on his land or on his interest in any land as a tenant by declaration under Section 48, the society shall record or cause to record such particulars of charge in the Record of Rights maintained by the village officers of the village where such property is situated. Such recording of the charge in the Record of Rights of the village shall be treated as a reasonable notice of such charge created under Section 48." Section 48 of the Mah. Co-op. Societies Act deals with creation of charge on the landed prope11y. As per Section 48(a), if any person makes an application to a society of which he is a member, for a loan and makes a declaration in prescribed form, charge can be created in respect of the property belonging to such borrower. Rule 48 of the Mah. Co-op. Societies Rules also contemplates making of declaration by member borrower. 7. It is contended by the Counsel appearing for the petitioner that the phraseology recorded in Section 48 as; "any person who makes an application to a society of which he is a member, for a loan" shall include a guarantor, who has signed the application for securing loan by the principal borrower. 8. The arguments advanced by the Counsel for petitioner is not acceptable as phraseology of Section 48 of the Mah. Co-op. Societies Act, "any person who makes an application to a society of which he is a member, for a loan" shall necessarily mean a borrower. A declaration as contemplated under Section 48(a) of the Act is required to be tendered by a member who shall state that the applicant, thereby creates a charge on such land or interest specified in the declaration for the payment of amount of loan which the society shall make to the member in pursuance of the application. It is canvassed that the term "member" mentioned in Section 48(a) may relate to a person who may be a guarantor as well as a member of the society. However, the concluding part of clause (a) of Section 48 makes a reference in respect of "for all future advances (if any) required by him" which the society may make to him shall necessarily relate to borrower member...". Provisions of subsection (a) of Section 48 of the Mah. Co-op. However, the concluding part of clause (a) of Section 48 makes a reference in respect of "for all future advances (if any) required by him" which the society may make to him shall necessarily relate to borrower member...". Provisions of subsection (a) of Section 48 of the Mah. Co-op. Societies Act necessarily leads to the conclusion that a person who is suppose to make declaration as contemplated by Section 48, shall be a person who has secured loan from the society. This interpretation is permissible on consideration of provisions of Rule 48 of the rules of 1961. Rule 48 of the Mah. Co-op. Societies Rules prescribes a form of declaration to be made by member borrowing loan from Co-operative Society. The declaration as contemplated by Rule 48 shall have to be in form 'L'. Form 'L' refers to a declaration by "members" desirous of securing loan from the society or a 'member' who has borrowed loan from the society. Considering the provisions of Rule 48 as when as contents of form 'L' so also considering the language of Section 48 (a) of the Act, it necessarily implies that a declaration in respect of creation of charge shall have to be made by a member who borrows loan from the society. This interpretation will necessarily exclude presentation of declaration by a guarantor and creation of charge over the properly belonging to the guarantor at the instance of the society. In that view of the matter, I am of the opinion that the application tendered by the petitioner to the revenue officials requesting for creation of charge in respect of the property belonging to the guarantor is not contemplated by Section 48 of the Maharashtra Co-op. Societies Act. Although the reasons recorded by the Minister of State for Revenue, while disposing of the revision application, are not sustainable, the final conclusion in respect of allowing the revision application and setting aside the order passed• by the revenue officials, need not be interfered with for the reasons recorded above. In view of the above, rule is discharged. In the facts and circumstances of the case there shall be no order as to the costs. Ordered accordingly.