Kausabai Dinkar Holambe v. The State Of Maharashtra And Others

930 WP NO 15355 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.15355 OF 2019 KAUSABAI DINKAR HOLAMBE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.M.R.Malpani h/f Mr.Ajeet B. Kale AGP for Respondent Nos.1 to 3: Mr.S.R.Yadav ...

CORAM

:

RAVINDRA V. GHUGE, J.

DATE :

18th December, 2019.

PER COURT :- 1.

The petitioners seeks to challenge the order dated 20/03/2019 passed by the Divisional Joint Registrar under the Maharashtra Money Lending (Regulation) Act, 2014.

2.

Considering the orders passed by this Court and at the Nagpur Bench, the petitioner has a statutory remedy under Section 9 of the said Act in approaching

930 WP NO 15355 of 2019.odt the Registrar (General).

3.

The Honourable Apex Court has concluded in the matter of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai Vs. Tuticorin Educational Society and Others [2019 SCC online SC 1292] and Genpact India Private Limited Vs. Deputy Commissioner of Income Tax and another (Civil Appeal No.8945 of 2019) that, the availability of a statutory remedy is a "Near Total Bar" for the High Court in exercising its supervisory jurisdiction under Article 227 of the Constitution of India.

4.

In view of the above, this petition is disposed off with liberty to the petitioner to avail of the remedy. All contentions are kept open.

( RAVINDRA V. GHUGE, J. ) SSTare