M/S. Anish Enterprises v. Mrs. Beena Ashok Nair And ORS.

54-wp-14309-2016.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14309 OF 2016 M/s. Anish Enterprises ... Petitioner V/s.

Beena Ashok Nair & Ors ... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.02.20 17:36:39 +0530 SHABNOOR AYUB PATHAN Mr. Sukhesh Shah i/by Shah Legal, for the Petitioner. Mr. Prakash Shah i/by Mr. Kumar Tolani, for Respondent No.5.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 20, 2024 P.C.:

1.

The petitioner/developer challenging the order of registration of housing society by its purchasers. The parameters of registration of cooperative housing societies are enumerated under the provisions of the Maharashtra Cooperative Societies Act, 1960. Whether the societies registration is in accordance with law or not can be challenged by a person aggrieved. The person aggrieved needs to be such person whose rights are prejudically affected by the impugned order. The petitioner being developer is under obligation to form society. The petitioner, therefore, has no locus to challenge the registration of housing society. 2.

The circular relied upon by the petitioner, which is

54-wp-14309-2016.doc inconsistent with the provisions of the Act and, therefore, cannot be considered. Only Government Resolution issued under Section 3 of the Maharashtra Cooperative Societies Act, 1960, issued in the name of Governor has force of law under Article 166 of the Constitution of India. Therefore, in absence of requisite locus, the writ petition at the instance of developer cannot be entertained. Hence, the writ petition is dismissed. No costs. (AMIT BORKAR, J.)