Kashi Homes Pvt. Ltd. v. Secretary Maha Rera Mumbai And ORS

910-WP-6016-2023.doc rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6016 OF 2023 Kashi Homes Private Limited ... Petitioner vs.

Secretary, Maharera Mumbai and Ors.

... Respondents Mr. Ruchir Tolat a/w. Mr. Vipul Shah and Ms. Ankita Katak Dhond i/b. L.C.Tolat and Co. for the the Petitioners.

Mr. Nirman Sharma i/b. Mr. Dinesh Mishra a/w. Ms. Kajal Wadhwana and Mr. Tanmay Gujarathi, Advocate for Respondent Nos. 4 and 5.

Ms. M. S. Bane, AGP for Respondent Nos. 2 and 3. CORAM : R. D. DHANUKA & GAURI GODSE, JJ.

DATED : 4 MAY, 2023 P.C. :- 1.

By this Writ Petition filed under Article 226 of the Constitution of India the Petitioner has impugned the order dated 20th February 2019 and 23rd September 2022 and also demand notice dated 1st March 2023 annexed at Exhibit A to the Petition. We are informed that challenging the order dated 20th February 2019 and 23rd by RAJESHWARI RAMESH PILLAI Date:

2023.05.06 15:57:30 +0530 September 2022 the Petitioners had filed Appeal before the RAJESHWARI RAMESH PILLAI Page no. 1 of 2

910-WP-6016-2023.doc Appellate Authority. The said Appeal preferred by the Petitioner came to be dismissed in view of the non-compliance of the conditional order.

2.

The Review Petition filed by the Petitioner against the Original Orders dated 20th February 2019 and 23rd September 2022 annexed at Exhibit B and C is still pending before MAHARERA. In the meanwhile, the Tahasildar, Khalapur has issued a notice for execution of the orders passed by MAHARERA.

3.

Since Review Petition filed by the Petitioner is pending before MAHARERA, we are not inclined to interfere with the impugned orders dated 20th February 2019 and 23rd September 2022 annexed at Exhibit B and C as well as notice dated 1st March 2023 annexed at Exhibit A to the Petitioner.

4.

Writ Petition is devoid of merits and is accordingly dismissed. (GAURI GODSE, J.) (R. D. DHANUKA, J.) Page no. 2 of 2