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Bombay High Court

RAJENDRA MAHADEV PATIL AND ORSversusRAMAN PITA GOVARDHAN ARORA AND ORS

Disposal
Disposed Off

Holding

The High Court held that it cannot issue a writ or any other direction to the co‑operative society (Respondent No.8) for the distribution of compensation.

Summary

The petitioners sought a writ directing Respondent No.8, a co‑operative society, to distribute compensation that had been paid to the society, alleging selective disbursement that excluded the petitioners. The court held that, under its writ jurisdiction, it cannot issue a writ or any direction against a co‑operative society for such internal distribution matters. Since the compensation had already been disbursed to the society, the appropriate remedy for the petitioners is to approach the competent forum to claim their proportionate share. Consequently, the petition was disposed, with liberty granted to the petitioners to initiate suitable proceedings in accordance with law. The rights and contentions of all parties were expressly kept open for future litigation.

Issues considered

  • Whether the High Court can issue a writ or direction against a co‑operative society for the internal distribution of compensation already paid to it.

Subjects

  • writ jurisdiction
  • co‑operative society
  • compensation distribution
  • appropriate forum
  • civil appellate jurisdiction

Judgment

                                                            11-WP-8970-2023.doc


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

                     WRIT PETITION NO. 8970 OF 2023

Rajendra Mahadev Patil and Others     ...Petitioners.
       Versus
Raman pita Govardhan Arora and Others ...Respondents.
                            ——————
Mr. Ashok B Tajane (Through VC) with Mr. Balaji P. Shinde, for the Petitioners.
Ms. Tejas J. Kapre, AGP for the Respondents-State.
Mr. Pankajsinh A. Deshmukh, i/b. Mr. Umesh R. Mankapure, for the Respondent
No.2.
Mr. R. M. Haridas, i/b. Mr. Prasad P. Kulkarni, for the Respondent No.8.

                                ——————
                                  Coram :     Sharmila U. Deshmukh &
                                              Neeraj P. Dhote, JJ.
                                  Date      : August 29, 2026.
P. C. :

1.        Considering the relief sought, this Court in exercise of writ

jurisdiction cannot issue writ or any other direction to Respondent No.8,

which is a Co-operative Society. The contention of learned counsel

appearing for Respondents is that the Competent Authority has already

disbursed the amount of compensation to the Respondent No.8 and the

relief which is required to be sought is against the Respondent No.8.

2.        As the compensation has already been disbursed to Respondent

No.8-Society and allegation is that the Respondent No.8 has selectively

disbursed the compensation to some of the members, excluding the

present Petitioner, the remedy of the Petitioners is to ile appropriate


Gaikwad RD                         1 of 2
                                                                                 11-WP-8970-2023.doc


                        proceedings in the Competent Forum seeking their proportionate share

                        of the compensation.

                        3.      The Petition is disposed of with liberty to adopt an appropriate

                        proceedings in accordance with law.

                        4.      The rights and contentions of all parties are expressly kept open.



                         [Neeraj P. Dhote, J.]                       [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.08.31
           12:16:08
           +0530




                        Gaikwad RD                        2 of 2


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