Bhimashankar Baburao Katore v. The State Of Maharashtra Through Its Ministry Of Law And Judiciary And ORS

2025:BHC-AUG:27757-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12111 OF 2025 Bhimashankar Baburao Katore

VERSUS

The State Of Maharashtra Through Its Ministry Of Law And Judiciary And Ors Mr. A. S. More, Advocate for petitioner Mr. P. B. Rakhunde, Advocate for respondent Nos. 3 and 4 Mr. A. R. Kale, Addl. GP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 01st October, 2025 PER COURT :- 1.

Heard learned Advocate appearing for the petitioner. 2.

The petitioner prayed for declaring that the Money Lending Suit bearing No. 11/2017 filed by respondent Nos. 3 and 4 before the respondent No. 2 under Section 18 of the Money Lending Act is not maintainable as the same does not fulfill the basic requirements as contemplated under Section 16, 17 and 18 of the Maharashtra Money Lending (Regulation) Act, 2014 and, therefore, the proceedings of the Money Lending Suit No. 11/2017 be dropped. The learned Advocate appearing for the petitioner relies on the decision in Shankar Apparao Mate and Anr vs. Jagganath Jayram Shinde through Power of 941-WP-12111-2025.odt

Attornery and ors (Writ Petition No. 10916/2023) decided at the Principal Seat by Hon'ble Single Bench of this Court on 07.08.2024 and the interim order passed in Lahu Kushaba Kadam vs The State of Maharashtra and others in Writ Petition No. 10017/2025 dated 11.08.2025.

3.

When already the suit is filed then the contentions as are now taken by the petitioner are available for the petitioner to be taken before the concerned Court and we are of the opinion that those things cannot be considered in the writ jurisdiction of this Court under Article 226 and 227 of the Constitution of India.

4.

After expressing disinclination to grant any relief, the learned Advocate for the petitioner seeks withdrawal of the petition to approach before the same Court/Authority under the Money Lending Act. 5.

Petition stands disposed of as withdrawn with liberty as prayed by keeping open all the points.

(Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 941-WP-12111-2025.odt