Vasant Galaxy Co Op Association Ltd. v. District Deputy Registrar And ORS

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.03.01 12:21:11 +0530 VARSHA VIJAY RAJGURU 97-wp-10192-2023.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10192 OF 2023 Vasant Galaxy Co-operative Association Ltd ... Petitioner vs.

District Deputy Registrar and Ors ... Respondents Mr. Parth T. i/b. Solicis Lex, for the Petitioner. Mr. Prapti Kedia a/w. Neha Ratela for Respondent no.3 on VC. Ms. Sneha Prabhu i/b. Ms. Kinnari Mehta, for Respondent No.2. Mr. R.S. Pawar, AGP for the State.

CORAM : GAURI GODSE, J.

DATED : 27th FEBRUARY, 2024 P.C. :- 1.

This petition takes an exception to the order dated 7th February 2023 passed on the application filed by respondent no.2. By the impugned order, Application No. 203 of 2022 filed by respondent no.2, is allowed and the Competent Authority has issued a corrigendum.

2.

Learned counsel for respondent no.2 on instructions states that respondent no.2 be permitted to withdraw the Application No. 203 of 2022 with liberty to challenge the original order granting Deemed Conveyance by orders dated 30th December 2022 and 29th Page no. 1 of 2

97-wp-10192-2023.doc December 2022. The said orders are annexed at Exhibit-F and G to the present petition.

3.

Respondent no.1 is granted leave with liberty as prayed. Since, the application under which the impugned order is passed is sought to be withdrawn by respondent no.2, no further adjudication is required in the present petition.

4.

Hence, the petition is partly allowed by passing following order:

I) Respondent no.2 is permitted to withdraw Application No. 203 of 2022, filed before the Competent Authority. Consequently, order dated 7th February 2023 passed by the Competent Authority in Application no. 203 of 2022 is quashed and set aside.

II) Respondent no.2 is granted liberty to challenge the order dated 29th December 2022(Exhibit-F) and order dated 30th December 2022 (Exhibit-G) as permissible in law. 5.

It is clarified that in view of the aforesaid order, all rival contentions of the parties with reference to the said orders are kept open.

6.

Writ petition is disposed of in the above terms . (GAURI GODSE, J.) Page no. 2 of 2