Sitabai Ramchandra Kolambkar v. The State Of Maharashtra Through Principal Secretary

916-OSWP-464-2024.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 464 OF 2024 Sitabai Ramchandra Kolambkar & Ors

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

Mr Ranjeet Thorat, Senior Advocate, with Yashodeep Deshmukh, Amay Tawade, Vaidehi Pradeep i/b Kuldeep Singh, for the Petitioner.

Ms Pooja Yadav, for the Respondent-MCGM.

Mr Milind More, Addl GP with Mr LT Satelkar, AGP, for the Respondent-State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

7th February 2024 PC:- 1.

The only prayer in the Petition is prayer clause A at page 33. It reads thus:

"A.

That this Hon'ble High Court be pleased to issue Writ of Mandamus or any other appropriate Writ or Order or direction of like nature directing the Respondent No. 3 to expeditiously in time bound manner decide the representation made by the petitioners dated 01.12.2023 more particularly at Exhibit 'G' pending before the Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.02.08 13:22:12 +0530 SUMEDH NAMDEO SONAWANE 7th February 2024

916-OSWP-464-2024.DOC Respondent no.3 and preferably within a an outer time limit of 4 weeks from the date of the order;"

2.

We dispose of the Petition by directing the 3rd Respondent, the Joint Registrar Cooperative Department SRA, to decide the representation of the Petitioners and which is dated 1st December 2023 (Exhibit "G" to the Petition) on a priority basis and preferably within six weeks from today.

3.

We note that in our order of 9th March 2023 in another Writ Petition we took on record and noted the statement made on behalf of the Developers in regard to the transit rent at Rs 15,000/- per month. The representation of the Petitioner is, however, based on an interpretation of a circular. In our order of 9th March 2023, we had not interpreted the circular. The decision therefore of the 3rd Respondent is to be taken on merits uninfluenced by the statement that was recorded on 9th March 2023. All contentions are kept open including those of the Developer.

4.

The 3rd Respondent will ensure that the hearing is given to all concerned including the Developer.

5.

The Petition is disposed of in these terms. There will be no order as to costs. The decision will be on merits and in accordance with law.

(Kamal Khata, J) (G. S. Patel, J) 7th February 2024