Bombay High Court
DHULE NANDURBAR DISTRICT CENTRAL CO OPERATIVE BANK LTD DHULE THROUGH ITS CHAIRMAN R R KADAMBANDEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is not maintainable because the petitioner has an alternative and efficacious remedy of filing a revision under Section 154 of the Maharashtra Co-operative Societies Act.
Summary
The Dhule Nandurbar District Central Co-operative Bank Ltd, through its chairman, filed a writ petition challenging an order dated 08.03.2016 issued by the Divisional Joint Registrar, Co-operative Societies, Nashik under Section 81(3)(b) of the Maharashtra Co-operative Societies Act, 1960. The petitioner argued that the order was erroneous and sought relief from the High Court. The Court observed that the petitioner had an alternative and efficacious remedy available in the form of a revision petition under Section 154 of the same Act. Consequently, the Court declined to entertain the writ petition and directed the petitioner to file a revision within six weeks. The Court also noted that any delay incurred in prosecuting the writ petition would be considered by the revisional authority when deciding on condonation of delay. The writ petition was therefore disposed of.
Issues considered
- Whether the writ petition challenging the order under Section 81(3)(b) is maintainable when a revision remedy under Section 154 is available.
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 154, 81(3)(b)
Subjects
- writ petition
- co-operative societies
- revision
- Section 81
- Section 154
- alternative remedy
- jurisdiction
Judgment
2026:BHC-AUG:10131
1 38 WP 4648-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
38 WRIT PETITION NO. 4648 OF 2016
DHULE NANDURBAR DISTRICT CENTRAL CO OPERATIVE BANK LTD
DHULE THROUGH ITS CHAIRMAN R R KADAMBANDE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. Mehul P. Kulkarni h/f. Mr. A.S. Sawant – Advocate for Petitioner
Mr. B.A. Shinde – AGP for Respondent Nos.1 to 3, State
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 09.03.2026
PER COURT :
1. Heard learned Counsel for the petitioner and learned A.G.P. for the
respondents, State authorities.
2. By way of the present petition, the petitioner challenges the order
dated 08.03.2016 passed by the Divisional Joint Registrar, Co-operative
Societies, Nashik, under Section 81(3)(b) of the Maharashtra Co-
operative Societies Act, 1960.
3. Considering the challenge raised in the present petition, it is
evident that the petitioner has an alternate and efficacious remedy
available to it by way of filing a revision under Section 154 of the
Maharashtra Co-operative Societies Act, 1960.
2 38 WP 4648-2016.odt
4. In view of the above, I am not inclined to entertain the present
petition. The petitioner is at liberty to file a revision before the
appropriate authority within a period of six (6) weeks from today.
5. The period spent in prosecuting the present petition shall be taken
into consideration by the revisional authority while deciding the
application for condonation of delay.
6. The Writ Petition is disposed of in above terms.
7. Pending Civil Applications, if any, also stand disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
Pooja Kale/
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