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Bombay High CourtWP/1052/2026disposed off

Sunil Namdev Dawkore v. The Apex Grievance Redressal Committee

2026-06-10Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice S. M. Modak4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1052 OF 2026

1. Sunil Namdev Dawkore

2. Shital Sunil Dawkore

...Petitioners

Vs.

1. The Apex Grievance Redressal Committee

2. Slum Rehabilitation Authority

3. The Competent Authority - 4.

4. The Assistant Registrar Co-Op. Society,

5. Arun Lawrance D'souza

...Respondents

***** Mr. Chandrakant Yadav - Advocate for the Petitioners Mr. Anoop Patil - For Respondent No. 1-AGRC Mr. Sagar Satavia i/by Mr. Ajaz Ahmed Ansari - for the Respondent No. 5 Adv. Aarushi Yadav a/w Adv. Yashi Bhatt i/by Adv. Ravleen Sabharwal - For Respondent-SRA ***** CORAM :

M. S. KARNIK AND S. M. MODAK, JJ.

DATE :

10th JUNE 2026 P. C. :- 1.

Heard learned counsel for the Petitioners and learned counsel for Digitally signed by SEEMA KSHITIJ YELKAR Date:

2026.06.12 20:14:02 +0530 SEEMA KSHITIJ YELKAR 1/4

Respondent No. 5.

2.

The learned counsel for the Petitioners submitted that in the year 2006 being a protected hutment dweller, one Ramnarayan Akshaybar Yadav was allotted a tenement no. 04 in building no. A-7 Guru Hari Rai S.R.A. Co-operative Housing Society at Bindra Complex, Mahakali Caves Road, Andheri (E), Mumbai 400 093. By a possession letter dated 25.12.2006, the Accord Land Developers Pvt. Ltd. handed over the possession of the said tenement no. 04 to the original hutment dweller i.e. Ramnarayan Yadav. After more than 10 years from the allotment of the tenement, the original allottee Ramnarayan Yadav sold the said tenement no. 04 to Mr. Prakash Kumara Gopala Shervagar vide registered Sale Deed dated 31.12.2020, which was subsequently registered with the office of the Sub-Registrar of Assurance, Andheri-1 under document Sr. No.

BDR-18/1650-2021 dated 02.02.2021. Accordingly, the said Sale transaction dated 31.12.2020 with respect to the tenement no. 04 was regularized by SRA vide letter dated 09.03.2021. Thereafter, the said Prakash Kumara Gopala Shervagar sold the said tenement no. 04 to the Petitioners vide registered Agreement for Sale dated 27.10.

Sub-Registrar of Assurance, Andheri-I under document dated 29.10.2021, and since then the Petitioners is in use, occupation and possession of the said Flat No. 04 till date. 3.

In February 2026, the Petitioners applied to SRA for regularization of the said tenement no. 4. On 16.04.2026, the Assistant Registrar, Co-operative Society (East and West suburban), SRA Mumbai issued a letter to Petitioners and directed to deposit transfer fees to SRA. Accordingly, on 27.04.2026 transfer fees of Rs. 50,000/- were deposited by the Petitioners. However, the final letter of regularization in favour of Petitioners is awaited and this is grievance of the Petitioners.

4.

The learned counsel for Respondent No. 5 objects to the regularization of the tenements in favour of the Petitioners. However, it is contention of the learned counsel for the Petitioners that Respondent No. 5 has not challenged the regularization order dated 09.03.2021 issued by SRA in favour of Shri Prakash Kumara Gopala Shervagar.

5.

As the final letter of regularization is awaited, this petition could be disposed of by directing the Petitioners as well as Respondent No. 5 3/4

to appear before the Assistant Registrar, Co-operative Society (East and West suburban), SRA Mumbai on 22.06.2026 at 11.00 a.m.. 6.

The Assistant Registrar, Co-operative Society (East and West suburban), SRA Mumbai shall upon hearing of the Petitioners as well as Respondent No. 5 take appropriate decision on the issuance of the final letter of regularization in favour of the Petitioners expeditiously. 7.

It is also open for the Respondent No. 5 to resort the appropriate proceeding challenging the order of the regularization dated 09.03.2021, if advised. In this view of the matter, the eviction notice issued is set aside for the present, subject to the decision on the issue of regularization.

8.

All contentions of the parties are kept open. 9.

The Writ Petition is accordingly disposed of. (S. M. MODAK, J.) (M. S. KARNIK, J.) 4/4