Parampujya Dr. Babasaheb Ambedkar Nagar Sra Co-Op. Hsg. Soc. Ltd. And ANR v. Seema Co-Operative Housing Soc., Ltd. Through Its Secretary, Shri. Prakash Gawade And ORS

skc 44-wp-9892-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9892 OF 2015 Parampujya Dr. Babasaheb Ambedkar Nagar S.R.A. Co-operative Housing Society Ltd. & Anr.

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Petitioners vs.

Seema Co-operative Housing Society Ltd. & Ors.

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Respondents Mr. Sanjiv A. Sawant for Petitioners.

Mr. Arvind G. Kundekar for Respondent Nos. 1 and 2. Mrs. Vaishali Nimbalkar - AGP for State.

CORAM : M. S. SONAK, J.

DATE : 10 MARCH 2016 P.C :

1] Without going into the issue as to whether there was compliance with principles of natural justice or not, the two contesting parties have requested this Court to make the following order:

(A) The order dated 14 August 2015 made by the Minister (Revenue) is hereby set aside;

(B) The revision application no.

LAND 2615/PROCEEDINGS 15/J-3 instituted by the respondent nos. 1 and 2 is restored to the file of the Minister (Revenue) who is requested to rehear and decide the same in accordance with law and on its own merits;

(C) During the pendency of the revision application before the Minister (Revenue), the order made by the Additional 1/2

skc 44-wp-9892-15 Commissioner, Konkan Division, Mumbai dated 23 September 2014, which has in fact been impugned in the revision application, shall remain stayed;

(D) This Court has not examined the merits of the matter and therefore all contentions of all parties are left open to be determined by the Minister (Revenue) in the revision application.

2] This petition is therefore disposed of with the aforesaid orders / directions.

3] The contesting parties to appear before the Minister (Revenue) on 15 April 2016 at 3.00 p.m. and produce authenticated copy of this order.

4] The Minister (Revenue) is requested to dispose of the revision application as expeditiously as possible and in any case within a period of six months from the date of production of authenticated copy of this order.

5] All concerned to act on basis of authenticated copy of this order.

Chandka (M. S. SONAK, J.) 2/2