High Court Dismisses Writ Petitions by Petitioners Challenging Competent Authority's Orders Under Maharashtra Cooperative Societies Act, 1960 -- Petitioners Fail to Establish Jurisdictional Error or Violation of Natural Justice

Sub Category: Bombay High Court Bench: BOMBAY
  • 6
Judgement Image
Font size:
Print

Case Note & Summary

The judgment involves four connected writ petitions filed before the High Court of Judicature at Bombay challenging orders passed by the Competent Authority and District Deputy Registrar, Cooperative Societies, Mumbai City under the Maharashtra Cooperative Societies Act, 1960 -- The petitioners, including Paramanand Builders LLP and Geopreneur Corp. Private Limited, sought quashing of these orders which pertained to disputes over membership and allotment in cooperative housing societies -- The respondents included various cooperative housing societies and their members -- The court examined the maintainability of the writ petitions under Article 226 of the Constitution of India, considering the availability of alternative statutory remedies under the Maharashtra Cooperative Societies Act, 1960 -- The court held that the petitioners had not demonstrated any jurisdictional error or violation of natural justice by the Competent Authority -- Consequently, all writ petitions were dismissed with costs, upholding the orders of the Competent Authority

Headnote

The High Court of Judicature at Bombay dismissed four connected writ petitions filed by Petitioner challenging orders of the Competent Authority and District Deputy Registrar, Cooperative Societies, Mumbai City -- The petitions involved disputes over membership and allotment in various cooperative housing societies under the Maharashtra Cooperative Societies Act, 1960 -- The court held that writ jurisdiction under Article 226 of the Constitution of India should not be exercised when statutory alternative remedies are available under Section 91 of the Maharashtra Cooperative Societies Act, 1960 -- The petitioners failed to establish any jurisdictional error or violation of principles of natural justice by the Competent Authority -- The court found no merit in the petitions and dismissed them with costs

Issue of Consideration: The Issue of Consideration was whether the writ petitions under Article 226 of the Constitution of India were maintainable given the availability of alternative remedies under the Maharashtra Cooperative Societies Act, 1960, and whether the Competent Authority's orders suffered from jurisdictional error or violation of natural justice

Final Decision

The High Court dismissed all four connected writ petitions with costs, upholding the orders of the Competent Authority under the Maharashtra Cooperative Societies Act, 1960

 

2026 LawText (BOM) (02) 114

Writ Petition No. 1673 of 2022 with Interim Application No. 3546 of 2023, Writ Petition No. 2657 of 2022, Writ Petition No. 2656 of 2022, Writ Petition No. 4375 of 2022

2026-02-24

Amit Borkar J.

2026:BHC-AS:9299

Mr. Girish Godbole, Senior Advocate with Mr. Ankit Lohia, Ms. Aditi Bhatt and Ms. Jyoti Ghag i/by Dua Associates for the petitioner in WP/1673/2022 & 4375/2022. Mr. Ankit Lohia, with Ms. Aditi Bhatt, Ms. Jyoti Ghag & Mr. Shailesh Prajapati i/by Dua Associates for the petitioner in WP/2280/2022, 2656/2022, 2657/2022, 4375/2022 & WP/17823/2024 and for respondent Nos.5 to 7 in WP/9562/2023, 9563/20223 & 9564/2023 & for respondent No.4 in WP/7275/2025. Mr. Piyush Raheja with Mr. Rahul Vyas for the petitioner in WP/9563/2023, 9562/2023, & 9564/2023 & for respondent in WP/2657/2022, 2656/2022, 4357/2022, & 2280/2024. Mr. Piyush Raheja with Mr. A. Loya and Rs. Rahul Vyas for the petitioner in WP/7275/2025 & for respondent No.4 in WP/17823/2024. Mr. Vibhanshu Pandey i/by Mr. Rahul Karnik for respondent No.2 in WP/2280/2022. Mr. Simil Purohit with Mr. Kartik Tiwari, Mr. Devang Shah and Mr. Aditya Kanchan i/by Lakshyavedhi Legal for respondent No.2 in WPL/10773/2023 & WP/2656/2022. Mr. Vishal Tambat for respondent No.2 in WP/17823/2024. Mr. Prabhakar M. Jadhav for respondent No.6(ii) in WP/4375/2023. Ms. Aloka A. Nadkarni, AGP for respondent No.1-State in WP/1673/2022.

Paramanand Builders LLP, Geopreneur Corp. Private Limited

Competent Authority & District Deputy Registrar, Cooperative Societies, Mumbai City (4), Siddhraj Coop. Housing Society Ltd., B.M. Vadgama & Others, Pattan Jain Mandal, Ratan Coop. Housing Society Limited, Patan Jain Mandal Cooperative Housing Society Ltd., B.C. Mehta & Others, Shri Sai Sadguru Coop. Housing Society Ltd., Shree Sadguru Enterprises, Jagdishnarayan Agarwal, Jamnadas Agarwal, Jai Ashish Coop. Housing Society Ltd., Rattan Coop. Housing Society Ltd., Sanjay Shah, M/s. Paramanand Builders Pvt. Ltd., Rajkumar Sheth, Prakash Sheth, Janakraj Sheth, Dharampal Sheth, Ramesh Sheth, Naresh Sheth, Shree Govard

Nature of Litigation: Writ petitions under Article 226 of the Constitution of India challenging orders of the Competent Authority under the Maharashtra Cooperative Societies Act, 1960

Remedy Sought

The petitioners sought quashing of the Competent Authority's orders regarding membership and allotment disputes in cooperative housing societies

Filing Reason

Dissatisfaction with the Competent Authority's decisions on disputes involving cooperative housing societies

Previous Decisions

Orders passed by the Competent Authority and District Deputy Registrar, Cooperative Societies, Mumbai City under the Maharashtra Cooperative Societies Act, 1960

Issues

Whether the writ petitions under Article 226 of the Constitution of India are maintainable given the availability of alternative remedies under the Maharashtra Cooperative Societies Act, 1960 Whether the Competent Authority's orders suffer from jurisdictional error or violation of natural justice

Submissions/Arguments

The petitioners argued that the Competent Authority's orders were erroneous and violated principles of natural justice The respondents likely argued that writ jurisdiction should not be exercised due to availability of statutory alternative remedies

Ratio Decidendi

Writ jurisdiction under Article 226 of the Constitution of India is discretionary and should not be exercised when alternative statutory remedies are available under Section 91 of the Maharashtra Cooperative Societies Act, 1960 -- The court does not interfere with factual findings of statutory authorities unless there is jurisdictional error or violation of natural justice, which was not established in this case

Judgment Excerpts

The court held that writ jurisdiction under Article 226 of the Constitution of India should not be exercised when statutory alternative remedies are available The petitioners failed to establish any jurisdictional error or violation of principles of natural justice by the Competent Authority

Procedural History

The petitioners filed writ petitions challenging orders of the Competent Authority under the Maharashtra Cooperative Societies Act, 1960 -- The petitions were heard together as connected matters -- The High Court examined the maintainability and merits of the petitions before dismissing them

Related Judgement
High Court High Court Dismisses Writ Petitions by Petitioners Challenging Competent Authori...
Related Judgement
High Court Court Overturns Assistant Professor Appointment Due to Certification Irregularit...