Bombay High Court

REKHA MEHTAversusSTATE OF MAHARASHTRA THROU. THE PRINCIPAL SEC DEPT OF CO-OPERATION AND ORS

Decided: 27 February 2026
Disposal: Allowed To be withdrawn
Bench: A S GADKARI SHYAM C CHANDAK

Holding

A writ petition may be withdrawn when the petitioner has alternative statutory remedies available.

Summary

The petitioner, Rekha Mehta, filed a civil writ petition seeking relief against the State of Maharashtra and others. The petitioner’s counsel argued that she possessed substantive alternate statutory remedies under the Maharashtra Co-operative Societies Act, 1960, which are efficacious. The petitioner requested leave to withdraw the writ petition and to pursue those alternate remedies. The Court examined whether a petition can be withdrawn when alternative statutory avenues exist and found no impediment. Consequently, the Court granted leave to withdraw the petition and liberty to avail the statutory remedies. The petition was thereafter disposed of as withdrawn.

Issues considered

Whether a civil writ petition may be withdrawn when the petitioner has alternative statutory remedies available under the Maharashtra Co-operative Societies Act, 1960.

Legislation cited

Maharashtra Co-operative Societies Act, 1960

Subjects

withdrawal of writ petition
alternative statutory remedy
Maharashtra Co-operative Societies Act
civil appellate jurisdiction
high court

Judgment

DTG                                                                 18-Wp-2124-2026.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         CIVIL APPELLATE JURISDICTION

                     CIVIL WRIT PETITION NO. 2124 OF 2026

Rekha Mehta                                                … Petitioner
         V/s.
State of Maharashtra & Ors.                                … Respondents
                   _______________________________________

Ms. Ranjana Rajgor i/b Mr. Sunny Yadav a/w Ms. Kinjal for Petitioner.

Smt. P.J. Gavhane, A.G.P. for Respondent-State.
                _______________________________________

                            CORAM : A. S. GADKARI AND
                                    SHYAM C. CHANDAK, JJ.
                            DATE  : 27th February 2026

P.C. :

1)              As the Petitioner is having substantive alternate statutory

remedies, which are also efficacious in nature, learned Advocate for

Petitioner on instructions seeks leave to withdraw Petition with liberty to

avail the said remedies as contemplated under the provisions of the

Maharashtra Co-operative Societies Act, 1960.

1.1)            Leave and liberty granted.

2)              Disposed off as withdrawn with aforesaid liberty.



         ( SHYAM C. CHANDAK, J. )                    ( A.S. GADKARI, J. )




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