Bombay High Court
SIDDIQ ABU MOHAMMADversusTHE STATE OF MAHARASHTRA THRU REGISTRAR AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is dismissed as an alternative remedy is pending and the matters involve factual disputes beyond the scope of writ jurisdiction.
Summary
The petitioner, Siddiq Abu Mohammad, challenged an order of the Assistant Registrar, Cooperative Societies dated 01.08.2025, which under Section 101 of the Maharashtra Co-operative Societies Act, 1960 declared a debt of Rs. 4,89,214 payable to Indra Co-operative Credit Society. He alleged cheating by other respondents and sought relief through a writ petition. However, the petitioner had already filed a revision application before the Joint Divisional Deputy Registrar, Mumbai, which was pending. The High Court held that the existence of an alternative remedy barred the writ petition and that the petition raised factual disputes unsuitable for writ jurisdiction. Consequently, the writ petition and the accompanying interim application were dismissed.
Issues considered
- The appropriateness of entertaining a writ petition when a revision application is pending before a higher authority.
- Whether the High Court can entertain a writ petition that involves disputed questions of fact.
Legislation cited
Subjects
- writ jurisdiction
- alternative remedy
- revision application
- cooperative societies
- Section 101
- factual dispute
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.10.01
11:55:25 1/2 5 IA.7591.2026.odt
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12784 OF 2026
WITH
INTERIM APPLICATION NO. 7591 OF 2026
IN
WRIT PETITION NO. 12784 OF 2026
Siddiq Abu Mohammad .. Petitioner/ Applicant
Versus
The State of Maharashtra, Thru
Registrar & Ors. .. Respondents
…
Ms Ratna Jaiswal, for the Applicant.
Mr. Ketan Joshi, ‘B’ Panel Counsel, for the Respondent-State.
...
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 28th SEPTEMBER, 2026
P.C:-
1. The Petitioner before us is a borrower who raised a
challenge to an order passed by the Assistant Registrar, Co-
operative Societies, on 01.08.2025, in exercise of power under
Section 101 of the Maharashtra Co-operative Societies Act,
1960, declaring that an amount of Rs. 4,89,214/- (Rupees Four
Lakh Eighty Nine Thousand Two Hundred and Fourteen only)
is due and payable to Indra Co-operative Credit Society
Limited, i.e. Respondent No. 4, by the Petitioner, who is shown
Rushikesh
2/2 5 IA.7591.2026.odt
as the borrower, alongwith the two guarantors.
Though the Petitioner has set out a case that he has been
cheated by Respondent Nos. 5 and 6 with the help of
Respondent No. 3, and certain facts are placed before us, we
noted that on 23.06.2026, the Petitioner approached the
learned Single Judge and sought withdrawal of the petition
with liberty to file an appeal/revision against the Recovery
Certificate. Even the Writ Petition contains a statement to the
effect that a revision application has been filed before the Joint
Divisional Deputy Registrar, Mumbai, and the same is pending.
2. We, therefore, refuse to entertain the Writ Petition on
both counts, namely, first, that an alternative remedy is
already invoked and the revision application is pending before
the Divisional Authority and, secondly, on the count that the
Writ Petition involves various disputed questions of fact which
we are not entitled to look into in exercise of our writ
jurisdiction. The Writ Petition is, therefore, dismissed.
In the wake of dismissal of the Writ Petition, the Interim
Application also stands disposed of.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
Rushikesh
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