Arvind Ramchandra Shivrame And ORS v. State Of Maharashtra (Through The Secretary Of Co-Op. Soc. , Mah. State) And ORS

by RUPALI RAJESH WAKODIKAR Date:

2022.04.25 15:05:25 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1095 OF 2022 ALONGWITH INTERIM APPLICATION NO. 2678 OF 2022 Arvind Ramchandra Shivrame and Ors.

...Petitioners

Versus

The State of Maharashtra (Through The Secretary of Co-operative Societies) and Ors.

...Respondents

Mr. Azimuddin Kazi a/w Mr. Rizwan Khan i/b N.N.Kazi & Assoc. for the Petitioners.

Smt. S.D.Vyas, 'B' Panel Counsel for the Respondent-State. Mr. Sandesh Patil a/w Ms. Divya A. Pawar-Patil i/b Prithviraj S. Gole for the Respondent No.3.

Mr. Shrikrishna Keshav Bhagat, Chairman of Sukh-Darshan CHS Ltd./Respondent No.3.

CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

DATE : 22 nd APRIL, 2022 P.C. :

1.

Not on board. Taken on board.

2.

By this petition, the petitioners in prayer clause (a) of the petition, seek a direction to the respondent No.2 i.e. the Deputy Registrar, Co-operative Societies to implement the mandatory guidelines issued by 1/3

the State of Maharashtra vide Notification dated 4th July, 2019 in its letter and spirt.

3.

Mr. Patil, learned Counsel appearing for the Respondent No.3 - Sukh-Darshan Co-operative Housing Society, on instructions, states that the society will ensure and strictly abide by the mandatory guidelines issued by the State of Maharashtra vide Notification dated 4th July, 2019. Statement accepted. In view of the said statement, no direction is required to be issued to the respondent No.2. Learned Counsel for the Respondent No.3 submits that the meeting is scheduled for 24th April, 2022, in which, three developers have been short-listed.

4.

As far as prayer clause (b) is concerned, learned Counsel for the petitioner does not press for the said prayer clause as the same does not survive.

5.

As far as the prayer clause (c) i.e. a direction to the respondent No.2 to start the entire process of the re-development of the respondent No.3-society, afresh is concerned, we are not inclined to grant the same, having regard to the fact, that already three developers have been shortlisted and the respondent No.3-society has made a statement that they will comply with the guidelines issued by the State of Maharashtra in the 2/3

Notification dated 4th July, 2019, in the meeting which is to be scheduled on 24th April, 2022.

6.

As far as prayer clause (d) is concerned i.e. the respondent Nos.2 and 3 to allow all the members of the society including the petitioners to participate the re-development process as per guidelines issued by the State of Maharashtra is concerned, in view of the statement made by Mr. Patil, learned Counsel appearing for the respondent No.3Society, on the instructions of the Chairman - Mr. Shrikrishna Keshav Bhagat, who is present in the Court, it is always open for the petitioners to participate in the said proceedings.

7.

The petition is disposed of on the aforesaid terms. 8.

In view of the order passed in the aforesaid petition, nothing survives for consideration in the aforesaid interim application. The same is accordingly disposed of.

9.

Matter to be listed for recording compliance on 4th May, 2022. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

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