Kailashprasad Satyanarayan Malpani v. Indraprastha Aakash Chsl And 11 ORS

Digitally signed by MUGDHA M PARANJAPE Date:

2023.04.17 10:22:33 +0530 MUGDHA M PARANJAPE 1 12-WP 1666-21 & 13-WP 732-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1666 OF 2021 Kailashprasad S. Malpani ... Petitioner Vs.

Shiv Darshan Satyanagar CHS Ltd. & Ors.

... Respondents AND WRIT PETITION NO.732 OF 2022 Kailashprasad Satyanarayan Malpani ... Petitioner Vs.

Indraprastha Aakash Co-op. Hsg. Soc. Ltd. & Ors. ... Respondents ----- Writ Petition No.1666 of 2021 Mr. Atul Damle, Senior Advocate a/w Mr. Pierre Fernandes i/by Mr. Ivor Peter D'Cruz for the Petitioner.

Mr. Dhaval A. Patil i/by M/s. K. Ashar & Co. for Respondent Nos.1 & 2. Ms. Yogita Kanojia i/by Mr. Ashish Dubey for Respondent Nos.3 and 4. Mr. Hemant Haryan, AGP for Respondent No.11-State. Writ Petition No.732 of 2022 Mr. Uday Bhanu Sinh a/w Mr. Pierre Fernandes i/by Mr. Ivor Peter D'Cruz for the Petitioner.

Mr. Dhaval A. Patil i/by M/s. K. Ashar & Co. for Respondent Nos.1 to 4. Mr. Hemant Haryan, AGP for Respondent Nos.12 and 13-State. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

13TH APRIL 2023

2 12-WP 1666-21 & 13-WP 732-22.doc P.C. :

1.

By consent, the impugned orders in both Writ Petitions are set aside and sent back to the concerned Authorities. 2.

However, since the buildings of the Respondent-Society are in dilapidated condition, it is requested that the Authorities decide the Application for Deemed Conveyance as expeditiously as possible, preferably within eight weeks from the date of this order. All parties shall co-operate and not seek an adjournment before the Authority on the days fixed for hearing. 3.

It is made clear that all rights and contentions of all parties are kept open including whether there has been compliance with the Government Resolution dated 22 nd June 2018.

4.

Additionally, in Writ Petition No.732 of 2022, it is made clear that the copies of all relevant papers and proceedings shall be served upon learned Counsel for the Petitioners as expeditiously as possible. The Petitioners are granted a period of one week from the date of service to file their respective Replies.

3 12-WP 1666-21 & 13-WP 732-22.doc 5.

In Writ Petition No.732 of 2022, the Affidavit of Service of the Respondent-State is taken on record.

6.

With these directions, the Writ Petitions are disposed of accordingly.

(ARIF S. DOCTOR, J.)