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Bombay High Court

MEHTER BHANGI SAMAJ DEVELOPMENT FOUNDATION THR ITS PRESIDENT SHAIKH G S SHAFEEversusTHE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR ITS MANAGING DIRECTOR AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that because disputed questions of fact exist, the writ petition cannot be entertained and is dismissed.

Summary

The petitioner, Mehter Bhangi Samaj Development Foundation, challenged an undated order that cancelled its agreement with the Maharashtra State Road Transport Corporation and directed it to hand over possession of washrooms to the Divisional Controller. The High Court noted that similar issues had arisen in a related writ petition (Writ Petition No.1951 of 2026) where the court held that disputed questions of fact precluded writ jurisdiction and that the contract provided for arbitration. In the present case, the court found that the impugned order was issued after a show‑cause notice and repeated complaints against the petitioner, indicating factual disputes. Consequently, the court declined to entertain the writ petition, directing the petitioner to seek appropriate remedy such as a suit or arbitration. The petition was therefore disposed of, with liberty to approach the appropriate forum within a week.

Issues considered

  • Whether the High Court can entertain a writ petition when disputed questions of fact are involved.
  • Whether the petitioner has a remedy of suit or arbitration under the contract.
  • Whether the order cancelling the agreement and directing possession can be challenged via writ jurisdiction.

Subjects

  • writ jurisdiction
  • disputed facts
  • arbitration clause
  • possession
  • contract cancellation
  • high court

Judgment

2026:BHC-AUG:39362
                                                (1)                      14wp10899.26




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              14 WRIT PETITION NO. 10899 OF 2026
                 Mehter Bhangi Samaj Development Foundation Through its President
                                   Shaikh Gaus Shaikh Shafee
                                                                     ….Petitioner
                                           VERSUS

                     The Maharashtra State Road Transport Corporation And Others
                                                                     …..Respondents


                Mr.Yogesh V. Jaybhaye, Advocate for the Petitioners
                Mr. M. K. Goyanka, AGP for the respondents/State
                Mr. A. B. Dhongade, Advocate for the Respondents

                                     CORAM : NITIN B. SURYAWANSHI &
                                             ABASAHEB D. SHINDE, J. J.
                                        DATE : 24th AUGUST, 2026


                PER COURT :

                1.           Not on board. Upon mentioning taken on board.

                2.           By this petition, the Petitioner has challenged undated

                impugned order thereby cancelling the agreement entered into with

                the petitioner and directing the petitioner to hand over the possession

                of the washrooms to Divisional Controller.

                3.           We have heard learned Advocate for the petitioner and

                learned Advocate for the Respondents. We have perused the grounds

                raised in the Writ Petition, annexures thereto and the order relied

                upon by the learned Advocate for the Respondents dated 07.05.2026

                in Writ Petition No.1951 of 2026 at Kolhapur Circuit Bench.

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                                (2)                       14wp10899.26




4.          In the said order, similar challenge was raised and this

Court in paragraph Nos.3, 4 and 5 observed thus :

            “3. Mr. Rananaware, learned counsel appearing for
            Respondent Nos. 2 and 3 states that there are disputed
            questions of fact involved in the petition and, therefore,
            this Court should refrain from exercising the writ
            jurisdiction.
            4. Perusal of letters dated 7th March 2026 (Exh.C, Page
            No.35), dated 2nd April 2026 (Exh.E, Page 42), dated
            13th April 2026 (Exh.F Page No.43) and dated 20th
            April 2026 (Exh.H, Page No.45) show that there is
            substance in the contention raised by learned counsel
            appearing for respondent Nos. 2 and 3 that entertaining
            the writ petition would entail examining disputed
            question of fact.
            5. In any case, the petitioner has remedy of filing suit
            and / or filing arbitration proceedings, as it is a
            submission of Mr. Aradhye, learned counsel appearing
            for the petitioner that so far as the contract is concerned,
            the contract provides for arbitration proceedings.”

5.          In the present case also it appears that the impugned

orders are passed after giving show cause notice to the Petitioner and

the said order records the repeated complaints were received against

the petitioners and the petitioner was from time to time instructed to

mend its ways.

6.          Be that as it may, since, disputed questions of fact are

involved in the present petition also we are not inclined to entertain

the petition. We, therefore, dispose of the petition with liberty to the

petitioner to avail appropriate remedy.


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                                    (3)                       14wp10899.26




7.               Learned Advocate for the petitioner states that the

petitioner will approach the appropriate forum within a period of one

(1) week from date of receipt of copy of this order.

8.               Learned    Advocate      Mr.   Dhongade,   appearing      for

Respondents submits that the possession will not be taken from the

petitioners for a period of one (1) week from the date of receipt of

copy of this order.

9.               In view of above, the writ Petition stands disposed of.




[ABASAHEB D. SHINDE, J. ]                   [NITIN B. SURYAWANSHI, J.]



VishalK/14wp10899.26




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