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Bombay High Court

JANJHIT SEVA SANSTHA KOPARGAON THROUGH ITS PRESIDENT SHAMBHU M PATHAKversusTHE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the writ petitions involve disputed questions of fact and therefore cannot be entertained, directing the petitioners to seek the appropriate remedy.

Summary

The petitioners challenged orders that cancelled their agreements with the Maharashtra State Road Transport Corporation and directed them to surrender possession of washrooms to the Divisional Controller. The High Court examined the submissions and noted that the orders were issued after show‑cause notices and repeated complaints against the petitioners. The Court observed that the matters raised involve disputed questions of fact, which are not suitable for writ jurisdiction, and that the contract provides for arbitration. Consequently, the Court declined to entertain the writ petitions and directed the petitioners to pursue the appropriate remedy, such as filing a suit or arbitration. The petitions were therefore disposed of, with liberty granted to the petitioners to approach the suitable forum within a week.

Issues considered

  • Whether a writ petition can be entertained when the dispute involves questions of fact.
  • Whether the petitioners have a remedy of suit or arbitration instead of writ jurisdiction.
  • Whether the cancellation of agreements and direction to hand over possession are amenable to judicial review.

Subjects

  • writ jurisdiction
  • disputed facts
  • arbitration
  • contract cancellation
  • possession
  • high court
  • remedy
  • civil procedure

Judgment

2026:BHC-AUG:44294


                                              {1}                   128-wp-5537-2026

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                             128 WRIT PETITION NO. 5537 OF 2026

                Janjhit Seva Sanstha Kopargaon Through Its President Shambhu M
                        Pathak through its GPA Holder Alok Shambhu Pathak
                                             VERSUS
                   The Maharashtra State Road Transport Corporation And Others
                                                ...
              Mr. Yogesh V. Jaybhaye, Advocate for the Petitioners in all petitions
              Mr. A.B. Dhongade, Advocate for Respondents No. 1 to 3 in all petitions


                             129 WRIT PETITION NO. 5631 OF 2026

                Mehter Bhangi Samaj Development Foundation Jintur Through Its
                            President Shaikh Gaus Shaikh Shafee
                                          VERSUS
                 The Maharashtra State Road Transport Corporation And Others

                             130 WRIT PETITION NO. 5632 OF 2026

                Mehter Bhangi Samaj Development Foundation Jintur Through Its
                            President Shaikh Gaus Shaikh Shafee
                                          VERSUS
                 The Maharashtra State Road Transport Corporation And Others

                             131 WRIT PETITION NO. 5634 OF 2026

                Janjhit Seva Sanstha Kopargaon Through Its President Shambhu M
                        Pathak through its GPA Holder Alok Shambhu Pathak
                                             VERSUS
                  The Maharashtra State Road Transport Corporation And Others
                                               .......

                                    CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.


                                       DATE : 23rd SEPTEMBER, 2026
                                {2}                     128-wp-5537-2026

PER COURT :

1.   By these petitions, Petitioners have challenged the orders passed

by Respondent No. 2 thereby cancelling the agreements entered into

with the petitioners and directing petitioners to hand over the

possession of the washrooms to Divisional Controller.

2.   We have heard learned Advocate for the petitioner and learned

Advocate for the Respondents. We have perused the grounds raised in

the Writ Petition, annexures thereto and the order relied upon by the

learned Advocate for the Respondents dated 07.05.2026 in Writ

Petition No.1951 of 2026 at Kolhapur Circuit Bench.

3.   In the said order, similar challenge was raised and this Court in

paragraph Nos.3, 4 and 5 observed thus :

       “3. Mr. Rananaware, learned counsel appearing for
       Respondent Nos. 2 and 3 states that there are disputed
       questions of fact involved in the petition and, therefore,
       this Court should refrain from exercising the writ
       jurisdiction.

       4. Perusal of letters dated 7th March 2026 (Exh.C, Page
       No.35), dated 2nd April 2026 (Exh.E, Page 42), dated
       13th April 2026 (Exh.F Page No.43) and dated 20th April
       2026 (Exh.H, Page No.45) show that there is substance in
       the contention raised by learned counsel appearing for
       respondent Nos. 2 and 3 that entertaining the writ
       petition would entail examining disputed question of fact.

       5. In any case, the petitioner has remedy of filing suit
       and/or filing arbitration proceedings, as it is a submission
                                    {3}                    128-wp-5537-2026

             of Mr. Aradhye, learned counsel appearing for the
             petitioner that so far as the contract is concerned, the
             contract provides for arbitration proceedings.”

4.       In the present case also it appears that the impugned orders are

passed after giving show cause notice to the Petitioners and the said

orders record the repeated complaints were received against the

petitioners and the petitioners were from time to time instructed to

mend its ways.


5.       Be that as it may, since, disputed questions of fact are involved

in the present petitions also, we are not inclined to entertain the

petitions. We, therefore, dispose of the petitions with liberty to the

petitioners to avail appropriate remedy

6.       Learned Advocate for the petitioners states that the petitioners

will approach the appropriate forum within a period of one (1) week

from date of receipt of copy of this order.

7.       Learned Advocate Mr. Dhongade, appearing for Respondents

submits that the possession will not be taken from the petitioners for a

period of one (1) week from the date of receipt of copy of this order.

8.       In view of above, the writ Petitions stand disposed of.




(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde


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