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Bombay High Court

Julie MudrasversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the Registrar has no jurisdiction to entertain the petition, and therefore the writ petition could not be entertained.

Summary

Nine members of a co‑operative society sought a mandamus directing the Deputy District Registrar to hear their objections to the society's redevelopment process. The petitioners alleged non‑disclosure of information, but the court noted that the General Body meeting minutes showed a majority decision to appoint a developer and that an agreement was to be signed. The State relied on a circular dated 4 November 2025, issued under Section 79A of the Maharashtra Co‑operative Societies Act, 1960, which limits the Registrar’s role and bars review of the society’s internal decisions. The court held that the Registrar has no jurisdiction to entertain the grievance and that the petition could not be entertained in its present form. Consequently, the petition was allowed to be withdrawn with liberty to pursue any appropriate remedy.

Issues considered

  • Whether the Deputy District Registrar, Co‑operative Societies, has jurisdiction to entertain a mandamus petition challenging a co‑operative society's decision to appoint a developer for redevelopment.
  • Whether Section 79A of the Maharashtra Co‑operative Societies Act, 1960, together with the 4 November 2025 circular, precludes the Registrar from reviewing the General Body's decision.
  • Whether the writ petition can be entertained in the form filed.

Legislation cited

Subjects

  • mandamus
  • co-operative societies
  • redevelopment
  • jurisdiction
  • Section 79A
  • transparency
  • withdrawal

Judgment

NISHA                      Digitally signed by
                           NISHA SANDEEP
SANDEEP                    CHITNIS
                           Date: 2026.09.05
CHITNIS
                                                                            9-wp.11340.2026.doc
                           12:49:32 +0530


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO.11340 OF 2026

                Julie Mudras and Ors.                      ...Petitioners
                      Versus
                The State of Maharashtra and Ors.          ...Respondents

                Ms. Pushpa V. Ganediwala with Mr. Bhushan Shinde, Ms. Anshu
                Agrawal, Mr. Pradyumna Agrawal and Ms. Trusha C. i/b/ Pushpa
                Ganediwala and Company for the Petitioners.

                Mr. Y. D. Patil, A.G.P. with Mr. S.H. Kankal, A.G.P. for the
                Respondent-State.

                                                 CORAM: BHARATI DANGRE &
                                                        ASHISH S. CHAVAN, JJ.

                                             DATE     : 1st SEPTEMBER 2026
                P.C. :

                1.            The nine members of respondent No.4-Society have

                approached this Court praying for an issuance of mandamus directing

                the Deputy District Registrar, Co-operative Societies, ‘H’/West Ward to

                exercise the jurisdiction vested in him and to take up, hear and decide

                the representations and objections submitted by the petitioners

                concerning the re-development process, as regards the respondent

                No.4.


N. S. Chitnis                                                                              1/3
                                                                     9-wp.11340.2026.doc




                2.         Having heard the learned counsel Ms. Ganediwala

                appearing for the petitioners and the learned A.G.P. for the State, we

                have noted that the objections raised by the petitioners pertain to the

                alleged non-disclosure of information by the Society. However, we find

                that the Minutes of the General Body Meeting reveal that a decision

                was taken by majority to appoint a Developer. Out of 18 members, 15

                members agreed to the appointment of a particular Developer, and it is

                also informed that an Agreement has been informed to be signed.

                           The learned A.G.P. has placed reliance upon the Circular

                dated 4th November 2025 issued by the Commissioner for Co-

                operation and Registrar of Co-operative Societies, Pune, as regards the

                limited role to be exercised under Section 79A of the Maharashtra Co-

                operative Societies Act, 1960, which confers power upon the

                Government to issue directions in the public interest. As far as

                redevelopment projects are concerned, the said Circular clarifies that

                the Registrar has no role to play in the decision taken by the Society


N. S. Chitnis                                                                       2/3
                                                                      9-wp.11340.2026.doc


                for appointment of a Developer and that he should not entertain any

                application seeking review of the decision taken in the General Body

                Meeting, the General Body being the final authority in that regard.



                3.          In the wake of the aforesaid, since we are of the view that

                the petition cannot be entertained in the form in which it is prayed

                that the Registrar shall entertain the grievance of the petitioners and

                ensure transparency in the re-development process, Ms.Ganediwala

                seeks permission to withdraw the writ petition with liberty to seek

                such appropriate remedy as is available to the members in law.

                            The Writ Petition is accordingly disposed of as withdrawn,

                with liberty as prayed.




                ASHISH S. CHAVAN, J.                      BHARATI DANGRE, J.




N. S. Chitnis                                                                         3/3


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