Bombay High Court

MOHINDER SINGH MALHOTRAversusPRASAD SIMRAN AMAN AND ORS

Decided: 30 September 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as it is not the proper forum to challenge the stay order; the petitioner must approach the Divisional Joint Registrar for the pending revision.

Summary

Mohinder Singh Malhotra filed a writ petition challenging a stay order that was granted to a disqualification order passed by the Deputy Registrar. The petitioner sought relief against the stay, arguing that the order should be set aside. The Court observed that the impugned order merely granted a stay and therefore the petition was not maintainable in its present form. It directed the petitioner to approach the Divisional Joint Registrar for a speedy hearing of the pending revision application. Consequently, the writ petition was disposed of without addressing the merits, leaving all substantive contentions open for future consideration.

Issues considered

What is the appropriate forum for challenging a stay order granted to a disqualification order?
Is the writ petition maintainable when it merely seeks to set aside a stay order?

Subjects

writ petition
stay order
disqualification
procedural law
civil appellate jurisdiction
revision application

Judgment

  2026:BHC-AS:40117

                          Megha                                                    10_wp_12627_2026


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                WRIT PETITION NO.12627 OF 2026

                          Mohinder Singh Malhotra                                 ...Petitioner

                                               V/s.

                          Smt. Prasad Simran Aman, President
                          and other Committee Members and
                          Ors.                                                  ...Respondents
                                                         ________________
                          Ms. Shabeena M. Shaikh (through vc) for the Petitioner.
                          Mr. Y.D. Patil, AGP for Respondent-State.
                                                         ________________


                                                                  CORAM: SANDEEP V. MARNE, J.

                                                                   DATED: 30 SEPTEMBER 2026.


                          P.C.:


                          1)          Considering the fact that the order impugned in the Petition
                          merely grants stay to the disqualification order passed by the Deputy
                          Registrar, I am not inclined to entertain the present Petition. The
                          Petitioner can apply to the Divisional Joint Registrar for expeditious
                          hearing of the pending Revision Application.


                          2)          Writ Petition is disposed of. All contentions on merits are
                          expressly kept open.


                                                                              [SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
                                                            Page No.1 of 1
Designation: PA To Honourable Judge                       30 September 2026
Date: 03/10/2026 11:54:17

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