Bombay High Court
LT. COLONEL VIKRAM RAMSWAROOP BAKSHIversusSHIVAJI POPAT TAPKIR AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that the petitioners must choose either a revision under Section 154 before the Minister or participation in the re‑inquiry, and thus the petition was dismissed.
Summary
Lt. Colonel Vikram Ramswaroop Bakshi filed a writ petition challenging an order dated 9 April 2026 issued by the Divisional Joint Registrar, Pune Division, which partially allowed Appeal No. 51 of 2026 and set aside the report of an Inquiry Officer made under Section 88 of the Maharashtra Co-operative Societies Act, 1960, directing a re‑inquiry. The High Court noted that the impugned order could be reviewed either by filing a revision under Section 154 of the Act before the Minister of Co‑operation or by participating in the newly appointed re‑inquiry. The Court held that it was for the petitioners to decide which remedy to pursue and therefore declined to interfere with the registrar’s order. Consequently, the petition was dismissed, leaving both procedural avenues open to the petitioner. The decision underscores the limited scope of judicial intervention in administrative orders under the MCS Act when alternative remedies are available.
Issues considered
- What is the appropriate remedy for challenging the Divisional Joint Registrar’s order under the Maharashtra Co-operative Societies Act, 1960?
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 152, 154, 88
Subjects
- Co-operative Societies Act
- Section 152
- Section 154
- revision
- re‑inquiry
- writ petition
- judicial review
Judgment
Renuka Thakur 906-WP-12174-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12174 OF 2026
Lt. Colonel Vikram Ramswaroop Bakshi ...Petitioner
V/s.
Shivaji Popat Tapkir and Ors ...Respondents
________________
Mr. J. k. Shah with Ms. Namrata Thakur i/b R. I. Law for Petitioner.
Mr. Nilesh Wable for Respondent Nos. 1 to 5 and 8 to 10.
Mr. P. V. Nelson-Rajan, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 22 SEPTEMBER 2026.
P.C.:
1) The Petitioner challenges order dated 9 April 2026 passed by
the Divisional Joint Registrar, Pune Division, Pune (Divisional Joint
Registrar) in exercise of Appellate powers under Section 152 of the
Maharashtra Co-operative Societies Act, 1960 (MCS Act). By the
impugned order, Appeal No. 51 of 2026 is partly allowed by setting aside
report of the Inquiry Officer dated 11 February 2026 made under Section
88 of the MCS Act. The Divisional Joint Registrar has directed the Deputy
Registrar to conduct re-inquiry.
Page No.1 of 2
22 SEPTEMBER 2026
Renuka Thakur 906-WP-12174-2026.docx
2) The impugned order is passed on 9 April 2026 and towards
implementation of the order, the Deputy Registrar appointed a new
Inquiry Officer for conduct of re-inquiry on 29 June 2026.
3) Petitioners have two courses of action open for them. Order
dated 9 April 2026 is revisable under Section 154 of the MCS Act before
the Hon’ble Minister (Co-operation). Alternatively, Petitioners can
participate in the re-inquiry before the new Inquiry Officer appointed
vide order dated 29 June 2026. It is for the Petitioners to decide what
course of action to be adopted. I am not inclined to entertain the
Petition. Leaving open the options as observed above, the Petition is
disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 22 SEPTEMBER 2026
Date: 23/09/2026 16:19:52
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.