Case Note & Summary
The petitioner filed a writ petition under Article 227 of the Constitution of India challenging a recovery certificate issued under Section 101 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act) without availing the statutory remedy under Section 154 read with Section 154(2A) of the MCS Act. The court framed two issues: whether the writ petition should be entertained directly, and whether the remedy under Section 154 is a statutory remedy or merely an alternate remedy. The petitioner argued that the remedy under Section 154 is an alternate remedy and that the facts of the case warranted direct entertainment. The court, after hearing arguments, held that the remedy under Section 154 read with Section 154(2A) is a statutory remedy and not merely an alternate remedy. Consequently, the court dismissed the writ petition, directing the petitioner to avail the statutory remedy. The court did not delve into the merits of the case.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 227 of the Constitution of India - Availability of Statutory Remedy - Whether writ petition under Article 227 should be entertained when statutory remedy under Section 154 read with Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960 is available - Held that writ jurisdiction should not be exercised when an efficacious statutory remedy exists, and the remedy under Section 154 is a statutory remedy, not merely an alternate remedy (Paras 1-4).
Issue of Consideration
Whether this Court should entertain a writ petition under Article 227 challenging a recovery certificate under Section 101 of the MCS Act without resorting to the statutory remedy under Section 154 read with Section 154(2A) of the MCS Act.
Final Decision
Writ petitions dismissed. Petitioner directed to avail statutory remedy under Section 154 read with Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960.
Law Points
- Writ jurisdiction under Article 227 should not be exercised when statutory remedy is available
- Remedy under Section 154 read with Section 154(2A) of MCS Act is a statutory remedy
- Not an alternate remedy
Case Details
2014 LawText (BOM) (08) 17
Writ Petition No.2752 of 2013 with Writ Petition No.2760 of 2013
Mr. B.S. Deshmukh for petitioner, Mr. S.D. Kaldate for respondent Nos. 1 to 4, Mr. D.B. Thoke and Pramod Gaikwad for respondent Nos. 5 and 6
Ramesh S/o Chudaman Badgujar
The State of Maharashtra, Divisional Joint Registrar, District Deputy Registrar, Assistant Registrar, The Urban Cooperative Bank Ltd., Special Recovery Officer, Mrs. Sonali Ramesh Badgujar, Sadashiv Gambhirrao Jaykare
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Nature of Litigation
Writ petition under Article 227 challenging recovery certificate under Section 101 of MCS Act.
Remedy Sought
Petitioner sought to challenge the recovery certificate directly without availing statutory remedy under Section 154 of MCS Act.
Filing Reason
Petitioner aggrieved by recovery certificate issued under Section 101 of MCS Act.
Issues
Whether this Court should entertain a writ petition under Article 227 challenging a recovery certificate under Section 101 of MCS Act without resorting to statutory remedy under Section 154 read with Section 154(2A) of MCS Act.
Whether remedy under Section 154 read with Section 154(2A) of MCS Act is a statutory remedy or merely an alternate remedy.
Submissions/Arguments
Petitioner argued that remedy under Section 154 is an alternate remedy and that the facts of the case warrant direct entertainment by this Court under Article 227.
Petitioner relied upon reported judgments to support his case.
Ratio Decidendi
The remedy under Section 154 read with Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960 is a statutory remedy and not merely an alternate remedy. Therefore, a writ petition under Article 227 of the Constitution of India challenging a recovery certificate under Section 101 of the Act should not be entertained without availing the statutory remedy.
Judgment Excerpts
Whether this Court, in its writ and/or supervisory jurisdiction under Article 227 of the Constitution of India, should entertain a proceeding under the Maharashtra Cooperative Societies Act, 1960 challenging the recovery certificate u/s 101, directly by avoiding or not resorting to the statutory remedy u/s 154 and section 154 (2A) of The M.C.S.Act ?
Whether the remedy u/s 154 r/w section 154 (2A) of the M.C.S.Act could be termed to be a statutory remedy available and not merely an alternate remedy ?
Procedural History
Petitioner filed Writ Petition No.2752 of 2013 and Writ Petition No.2760 of 2013 before the Bombay High Court, Aurangabad Bench, challenging a recovery certificate under Section 101 of the MCS Act. The court heard the matter and dismissed the petitions, directing the petitioner to avail the statutory remedy under Section 154 read with Section 154(2A) of the MCS Act.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: 101, 154, 154(2A)
- Constitution of India: Article 227
