Parshvanath Gramin Bigar Sheti Sahakari Path Sanstha Maryadit Rashin Thr Managing Committee Members v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15276 OF 2019 Parshvanath Gramin Bigar Sheti Sahakari Path Sanstha Maryadit Through its Managing Committee Members Petitioners

Versus

The State of Maharashtra & others Respondents Mr. N.V. Gavare, Advocate for the petitioner. Mr. S.R. Yadav, AGP for respondents No. 1 to 4. CORAM : Ravindra V.Ghuge, J.

DATE : 19th December, 2019.

PER COURT :

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It is pointed out by the learned AGP that the petitioners have a statutory remedy under Section 152 of the Maharashtra Cooperative Societies Act. 2.

The learned Advocate for the petitioners submits that this petition may be entertained in the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

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The Honourable Apex Court has delivered a judgment in the matter of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society, 2019 SCC Online SC 1292 concluding that the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India suffers "Near Total Bar" in the face of the availability of a statutory remedy. The Honourable Apex Court has further delivered a judgment in the matter of Genpact India Private Limited vs. Deputy Commissioner of Income Tax in Civil Appeal no. 8745/2019 dated 22.11.2019 concluding that when there is a statutory remedy available, even an admitted petition by the High Court can be dismissed and the litigants should be relegated to the statutory remedy.

4.

In view of the above, this petition is disposed off. Liberty to the petitioners to avail of the statutory remedy. 5.

The time spent by the petitioners in this Court, from 10.06.2019 till the passing of this order, shall be a good ground for seeking condonation of delay, if any.

Ravindra V.Ghuge Judge dyb