Bombay High Court
DILIP PANDURANG THOPTEversusJOINT REGISTRAR CO OP SOC. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is not maintainable as the remedy of revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960 is available.
Summary
Petitioner Dilip Pandurang Thopte challenged an order dated 8 September 2026 issued by the Joint Registrar, Co-operative Societies (Dairy), Mumbai under Section 152 of the Maharashtra Co-operative Societies Act, 1960. The High Court examined whether the writ petition was maintainable given that a specific remedy of revision under Section 154 of the same Act is available. The Court held that the petition could not be entertained because the appropriate remedy is a revision before the State Government. Consequently, the petition was disposed, and the petitioner was directed to file a revision. The interim order dated 20 May 2026 issued by the Appellate Authority was allowed to continue for three weeks, and all substantive issues on the merits were left open for determination in the revision proceedings.
Issues considered
- Whether the writ petition is maintainable when a specific revision remedy under Section 154 of the Maharashtra Co-operative Societies Act, 1960 is available
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 152, 154
Subjects
- writ petition
- revision
- Maharashtra Co-operative Societies Act
- Section 152
- Section 154
- interim relief
- jurisdiction
Judgment
2026:BHC-AS:39025
Megha 903_wp_12646_2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12646 OF 2026
Dilip Pandurang Thopte ...Petitioner
V/s.
Joint Registrar, Co-operative Societies
(Dairy), Mumbai and Ors. ...Respondents
________________
Mr. A.Y. Sakhare, Senior Advocate with Mr. Drupad Patil i/b. Mr. Namit
Pansare for the Petitioner.
Mr. Piyush Pandey ‘B’ Panel counsel for the Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 23 SEPTEMBER 2026.
P.C.:
1) It appears that the order impugned in the present Petition is
passed by the Joint Registrar, Co-operative Societies (Dairy), Mumbai
under Section 152 of the Maharashtra Co-operative Societies Act, 1960
(MCS Act). There is a further remedy of revision available to the
Petitioner under Section 154 of the MCS Act. In that view of the matter,
this Court is not inclined to entertain the present Petition. Petition is
accordingly disposed of.
2) The Petitioner would be at liberty to prefer revision against order
dated 8 September 2026 before the State Government. In order to enable
Page No.1 of 2
23 September 2026
Megha 903_wp_12646_2026
the Petitioner to file a revision and press for interim relief, the interim
order dated 20 May 2026 passed by the Appellate Authority shall
continue to operate for a period of three weeks.
3) All issues on merits are expressly kept open.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 23 September 2026
Date: 24/09/2026 11:37:43
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