Bombay High Court

RAJKUMAR DATTATRYA SHEDGEversusSTATE OF MAHARASHTRA THR THE DISTRICT COLLECTOR AND ORS

Decided: 24 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

A writ petition cannot be entertained against an executionary order where the District Magistrate has no discretion.

Summary

The petitioner challenged an order dated 8 July 2022 issued by the District Magistrate under Rule 107‑11(d‑1)(vi) of the Maharashtra Cooperative Societies Rules, 1961. The Court examined whether such an order, deemed executionary and devoid of discretionary power, could be subject to judicial review via a writ petition. Relying on the precedent set in Amit Prakash Jori & Another v. State of Maharashtra (WP No.1331 of 2025), the Court affirmed that the District Magistrate’s power under the said rule is purely executionary. Consequently, the writ petition could not be entertained. The petition was therefore disposed of without costs, and the related interim application was declared infructuous.

Issues considered

Whether a writ petition can be entertained against an executionary order passed by a District Magistrate under Rule 107‑11(d‑1)(vi) of the Maharashtra Cooperative Societies Rules, 1961.

Legislation cited

Maharashtra Cooperative Societies Rules, 1961 — s. Rule 107‑11(d‑1)(vi)

Subjects

writ petition
executionary order
district magistrate
cooperative societies
Rule 107‑11
judicial review
discretionary power

Judgment

                                                                   5-wp3167-2024 with ia12523-2025.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.3167 OF 2024
                                                   WITH
                                    INTERIM APPLICATION NO.12523 OF 2025

                      Rajkumar Dattatraya Shedge                     … Petitioner
                                 V/s.
                      The State of Maharashtra & Others              … Respondents

ATUL
GANESH
KULKARNI              None for the petitioner.
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.03.24
                      Ms. Aloka A. Nadkarni, AGP for respondent Nos.1, 3,
16:11:49 +0530
                      and 4-State.
                      Ms. Ekta Patil i/by Mr. Prashant Hagare for respondent
                      No.2.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : MARCH 24, 2026
                      P.C.:

                      1.      The petitioner is challenging order dated 8 July 2022 passed
                      by the District Magistrate in exercise of powers under Rule 107-
                      11(d-1)(vi) of the Maharashtra Cooperative Societies Rules, 1961.

                      2.      This Court in the case of Amit Prakash Jori & Another vs.
                      State of Maharashtra & Others, Writ Petition No.1331 of 2025
                      decided on 4 February 2025 has already held that such power is
                      executionary in nature where the District Magistrate has no
                      discretion.

                      3.      Hence,   writ   petition   against   such    order      cannot      be
                      entertained.



                                                          1
                                         5-wp3167-2024 with ia12523-2025.doc


4.   Accordingly, the writ petition stands disposed of. No costs.

5.   The interim application does not survive, and same stands
disposed of as infructuous.


                                            (AMIT BORKAR, J.)




                                 2

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