Shri. Arun Nandaram Muttha And ANR v. The State Of Maharashtra And ORS

1 904.3608.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3608 OF 2019 Shri. Arun Nandaram Muttha and another .....Petitioners V/s.

The State of Maharashtra and others .....Respondents Mr. Sanjeev P. Kadam i/b Mr. Bhalchandra Shinde for the Petitioner Mr. T. D. Deshmukh for respondent no. 5 Mr. Siddharth Karpe for respondent nos. 6, 7 & 8 Mr. S. D. Rayrikar AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

JUNE 19, 2019.

P.C.

This petition is by developer questioning the order of registration of society pursuant to provisions of The Maharashtra Co-operative Societies Act, 1960. After the order of registration was confirmed by the Divisional Jt. Registrar, the State Government by last order dated 20/02/2019 has refused to entertain the Revision for want of jurisdiction. As such, this petition.

Shri. Kadam, the learned counsel for the petitioner would urge that even though the petition is preferred by the developer, the least

2 904.3608.19 wp.doc that was expected of the society is to enroll all the flat ownwers in the building in question as its members. As flat owners have raised their protest about the same before the petitioner, which has prompted the petitioner to raise an objection to the registration of the society. The submissions are opposed by the learned counsel for respondents.

Having considered submissions, what is noticed is once flats are already transferred in favour of owners, the owners will have every right to agitate their claim with the society qua their identity as members and enrolment as members.

In the aforesaid eventuality, in my opinion, petitioner has no locus to question the registration of the society as has been claimed in the petition.

As such petition lacks merits, stands dismissed. [NITIN W. SAMBRE, J.]