Bombay High Court

JANKALYAN NAGARI SAHAKARI PATSANSTHA MARYADIT THR ITS CHIEF EXECUTIVE OFFICERversusTHE STATE OF MAHARASHTARA AND ORS

Disposal: Disposed Off

Holding

The petition is dismissed as misconceived because the reliefs sought are not within writ jurisdiction.

Summary

The petitioner, Jankalyan Nagari Sahakari Patsanstha Maryadit, filed a writ petition seeking directions to implement a recovery certificate and to have a civil court decide an application under Order VII, Rule 11 of the Code of Civil Procedure, 1908. The respondents, the State of Maharashtra and others, contested the jurisdiction of the High Court to grant such relief. The Court examined whether the reliefs sought fall within the scope of writ jurisdiction. It held that the petition was misconceived because the remedies sought are civil matters not amenable to writ jurisdiction. Consequently, the petition was disposed of without granting any relief.

Issues considered

Whether the reliefs sought (implementation of a recovery certificate and direction to a civil court under Order VII, Rule 11 CPC) can be granted in writ jurisdiction

Legislation cited

Code of Civil Procedure, 1908 — s. Order VII, Rule 11

Subjects

writ jurisdiction
recovery certificate
Code of Civil Procedure
Order VII Rule 11
misconceived petition
civil appellate jurisdiction

Judgment

24-WP-15027-2023(C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 15027 OF 2023

Jankalyan Nagari Sahakari Patsanstha Maryadit ...Petitioner
Through Its Chief Executive Oicer
Versus
The State of Maharashtra and Others ...Respondents

——————
Ms. Kanak Upadhyay (Through V.C.) i/by Mr. Ketan Joshi, for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
——————

CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.

DATE : AUGUST 21, 2026.

P. C. :

1. The prayers in the Petition are clearly misconceived. The Petition

seeks directions to the authorities to implement the recovery certiicate

and a direction to the Civil Court to decide the application iled under

the provisions of Order VII, Rule 11 of the Code of Civil Procedure, 1908.

Such reliefs cannot be considered in writ jurisdiction.

2. The Petition stands disposed of as misconceived.

Digitally
signed by
SAJAKALI
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2026.08.21
18:06:14
+0530

Jamadar-SL 1 of 1

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