Shankar Rama Shelar And ORS v. The District Deputy Registrar And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15289 OF 2022

1. Shankar Rama Shelar ]

2. Prakash Rama Shelar ]

3. Vithabai Namdeo Nangaonkar ]

4. Lata Maruti Mhatre ]

5. Dilip Sakharam Hathunkar ]

6. Ranjana Ghanshyam Ambetkar ] Through Power of Attorney Holder :

] Sanjay Rajaram Sonawane ] .. Petitioners Vs.

1. The District Deputy Registrar, ] Co-op. Societies, Alibaug, Dist. Raigad.

]

2. The State of Maharashtra ].. Respondents Mr. Suresh Madhukar Kamble, i/by Mr. Bhavesh Magam, for the Petitioners.

Ms. K.N. Solunke, AGP for the Respondents.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 4TH JANUARY, 2024.

ORAL JUDGMENT : { Per A.S. Chandurkar, J. } 1.

RULE. Rule made returnable forthwith. Learned AGP waives notice for the respondents.

2.

The grievance of the petitioners pertains to non-consideration of the complaint made before the 1st respondent seeking cancellation of the registration of Kalpataru Riverside Phase-1, Building Nos.1, 2, 3 and 4 Cooperative Housing Society Ltd. The complaint in that regard has been made on 9th June 2022.

1/2 8-WP-15289-2022.doc Dixit

3.

Considering the fact that the petitioners seek to raise a challenge to the registration of the Housing Society and have made such complaint seeking to invoke the provisions of Section 21-A of the Maharashtra Cooperative Societies Act, 1960, the writ petition is disposed of by directing the 1st respondent to consider the said complaint and decide the same in accordance with law. The same shall be done after granting opportunity of hearing to the concerned Housing Society. Such decision be taken within a period of eight weeks of receiving copy of this order. The decision taken be communicated to the parties. Keeping all points raised on merits open, the writ petition is disposed of.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 2/2 8-WP-15289-2022.doc Dixit