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Bombay High Court

WALMIKI SAMAJ SEVA MANDAL MANWAT THROUGH ITS PRESIDENT AJIT JAYNARAYAN WALMIKI AND ANOTEHRversusTHE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR ITS MANAGING DIRECTOR AND OTHERS

Disposal
DISPOSED OFF

Holding

The court dismissed the writ petition, holding that disputed facts and the availability of arbitration preclude its jurisdiction.

Summary

The petitioners, Walmiki Samaj Seva Mandal, challenged an order dated 02-06-2026 that cancelled their agreement with the Maharashtra State Road Transport Corporation and directed them to surrender possession of washrooms to the Divisional Controller. The High Court examined the petition and noted that similar issues had arisen in Writ Petition No.1951 of 2026 at the Kolhapur Circuit Bench, where the court held that disputed questions of fact preclude writ jurisdiction and that the contract provides for arbitration. The present case also involved disputed facts and prior show‑cause notices, leading the court to decline to entertain the writ petition. The judges disposed of the petition, allowing the petitioners to seek appropriate remedy, such as filing a suit or arbitration, within a week. The respondents were directed that possession would not be taken for a week pending the petitioners' action.

Issues considered

  • Whether the High Court can entertain a writ petition when the matter involves disputed questions of fact.
  • Whether the existence of an arbitration clause in the contract bars the exercise of writ jurisdiction.

Subjects

  • writ jurisdiction
  • disputed facts
  • arbitration clause
  • contract enforcement
  • possession
  • administrative order

Judgment

2026:BHC-AUG:39361
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                14 WRIT PETITION NO. 10900 OF 2026
                     Walmiki Samaj Seva Mandal Manwat, Tq. Manwat, Dist. Parbhani
                        through its President Ajit Jaynarayan Walmiki and another
                                                                           ….Petitioners
                                                 VERSUS

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


                Mr.Yogesh V. Jaybhaye, Advocate for the Petitioners
                Mr. S. R. Wakale, 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 Petitioners have challenged

                impugned order dated        02-06-2026     thereby    cancelling     the

                agreement entered into with the petitioners and directing the

                petitioners to hand over the possession of the washrooms to

                Divisional Controller.

                3.             We have heard learned Advocate for the petitioners 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

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

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 Petitioners

and the said order records the repeated complaints were received

against the petitioners and the petitioners were 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


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petitioners to avail appropriate remedy.

7.               Learned Advocate for the petitioners states that the

petitioners 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/14wp10900.26




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