Laxman Narayan Zagade And ORS v. Competent Aurhtority And District Deputy Registrar And ORS

31-WP-275-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 275 OF 2024 Laxman Narayan Zagade and Ors.

.... Petitioners

Versus

Competent Authority and District Deputy Registrar and Ors.

.... Respondents Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2024.09.11 10:05:35 +0530 SHANTANU SHANKARSA DHUDUM ----- Adv. Sugandh Deshmukh a/w Adv. Irvin D'souza, Adv. Aniket Kanawade and Adv. Vaibhav Thorve, Advocates for the Petitioners. Adv. S. D. Rayarikar, AGP, for Respondent No.1 - State. Adv. P. S. Dani, Senior Counsel a/w Adv. Prabhakar Jadhav, Advocate for Respondent No.2.

Adv. Sachin Dhakephalkar, Advocate for Respondent No.4. ----- CORAM : R. M. JOSHI, J.

DATE : 9th SEPTEMBER, 2024.

P.C. :

1.

Heard.

2.

Learned counsel for the Petitioners has made submissions with regard to the alleged illegalities done by the developer. There is no dispute about the facts that the Petitioners are the promoters. Further undisputedly development agreement has not been cancelled till the time of passing impugned order of granting deemed conveyance. Thus, prima facie, it is clear that till the said date, the Shantanu Dhudum 1/2

31-WP-275-2024.doc developer was admittedly agent of the Petitioners. The development agreement indicates that sum of Rs.44,80,000/- was part of consideration and in addition thereto three shops and three flats were to be given to the Petitioners.

Learned counsel for the Petitioners, on instructions, makes statement that the Petitioners have received Rs.44,80,000/-. He however, is unable to make statement with regard to the receipt of shops and flats. This statement is absolutely essential, as if the shops and flats and the cash component is already paid then Petitioners may not have any interest in the said property. This will lead to question locus standi of the Petitioners to raise objection to the order of deemed conveyance. In any case, petition cannot be entertained unless Petitioners deposit entire consideration before this Court. Learned counsel for the Petitioners to take instruction with regard to the deposit the same as well as further instructions as to whether three shops and three flats being given or not to the Petitioners pursuant to the development agreement. 3.

Statement to be made on next date of hearing. 4.

Stand over to 19th September, 2024.

( R. M. JOSHI, J.) Shantanu Dhudum 2/2