Prathamesh Co-Operative Housing Soc. Ltd. v. The Principal Secretary, Co-Operation Department And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7108 OF 2015 Prathamesh Co-operative Housing Soc.

Ltd.

.. Petitioner vs.

The Commissioner / Registrar, Co-operative Societies, Pune and Ors.

.. Respondents Mr.Kayval P. Shah for the petitioner Mr.S.H.Kankal, A.G.P. for the respondent no.1 Ms.Kanchan C. Phatak i/b Mr.N.P.Deshpande for the respondent no.4 Mr.Atul Damle, Sr.Advocate with Mr.Rupesh Lanjekar i/b Mr.Jayesh M. Joshi for the respondent no.13 CORAM: K.K.TATED & SARANG V. KOTWAL, JJ.

DATED : JANUARY 30, 2020 P.C.

Heard.

By this Writ Petition, under Article 226 of the Constitution of India, petitioner is seeking direction to reject the proposal submitted by Respondent no.13 Richa Realtors for re-development of Respondent-Housing Societies situated at Serial No.30+31/2B/1, Hingne, Karvenagar, Minatai Thakare Nagar, Pune.

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The learned Senior counsel for the Respondent no.13 submits that petition as it is fled by the Petitioner, is not maintainable in law. He submits that by this Writ Petition, Petitioner is not seeking any relief in their favour. He submits that by this Writ Petition, Petitioners are seeking order against Respondent no.13 not to redevelop the property of Respondent Society. He submits that no one has appeared on behalf of Society and not only that, till today, there is no affdavit in reply fled by the Respondent Society in support of the Petitioner. Apart from that, the learned Senior Counsel for the Respondent no.13 submits that the proposal submitted by them by their letter dated 25.06.2014 was not in respect of the Petitioner Society. He submits that even order passed by the Chief Offcer, Pune Housing and Area Development Board, Pune in PB/CO/AO/2469/2015 was in respect of the Respondent Society property only. Therefore, there is no question of entertaining the present Writ Petition.

Considering the submissions made by the learned Senior Counsel for the respondent no.13 and proposal dated 25.06.2014 (Exhibit-B) and enquiry report / order dated 05.05.2015 of Chief Offcer Pune Housing and Area Development Board, we do not fnd any reason to entertain the present Writ Petition as there is no cause of action for Petitioner to fle petition.

Hence, Writ Petition stands rejected.

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No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) 3/3