M/S. Yash Prestige Developers v. Nandanwan Co-Operative Housing Society Ltd. And ANR.

wp-1994-15-(42)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1994 OF 2015 M/s. Yash Prestige Developers ..Petitioner Vs.

Nandanvan CHS & Anr ..Respondents Mr. M. A. Utagikar for the Petitioner Ms M. S. Bane "B" Panel Counsel for the Respondent No.2 CORAM :

R. M. SAVANT, J.

DATE :

20th July, 2015 P.C.

The Writ Jurisdiction of this Court is invoked against the order dated 9-12-2014 passed by the Competent Authority and the District Deputy Registrar, Co-operative Societies, by which order, the application filed by the Petitioner questioning the maintainability of the application filed by the Respondent No.1 society under Section 11(1) of the Maharashtra Ownership of Flat Act, 1963, came to be rejected. The said application was filed by the Petitioner on the ground that the application filed by the Petitioner for deregistration of the Respondent No.1 society was pending before the State government and therefore it is the case of the Petitioner that till such time as the said application is decided, the Competent Authority should not entertain the application for deemed conveyance filed under Section 11 of the said Act. The Competent Authority was of the view that the consideration of the application for deemed conveyance would not affect the Revision Application mmj

wp-1994-15-(42) filed by the Petitioner before the State Government against the registration of the Respondent No.1 society.

In my view, no fault can be found with the reason on the basis of which the application of the Petitioner questioning the maintainability of the application filed by the Respondent No.1 for deemed conveyance has been rejected. Hence no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J] mmj