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Bombay High CourtWP/4322/2025withdrawn

Shailesh S. Suvarna v. Union Of India (Ministry Of Finance) And (Ministry Of Housing And Urban Affairs) Th. Its Secretary

2026-01-08Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande14 pages

JOHNSON GONSALVES Date: 2026.01.10 01:49:08 +0530 SMITA JOHNSON GONSALVES

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.747 OF 2021 Pratik Vinod Biyani And 24 Ors ... Petitioners Union of India And 17 Ors ... Respondents INTERIM APPLICATION (L) NO.36258 OF 2023 IN WRIT PETITION NO.747 OF 2021 Rajaram Maheshwari And 2 Ors ... Applicant Pratik Vinod Biyani And Ors ... Respondents INTERIM APPLICATION (L) NO.2678 OF 2023 IN WRIT PETITION NO.747 OF 2021 Housing Development Finance Corporation Ltd... Applicant Pratik Vinod Biyani And Ors ... Respondents WRIT PETITION NO.1200 OF 2022 Rahul Desai And Anr ... Petitioners

Reserve Bank Of India And 3 Ors ... Respondents WRIT PETITION NO.3657 OF 2025 Amit Paul Union of India (Ministry of Finance) And ( Ministry of Housing And Urban Affairs) ... Respondent WRIT PETITION NO.4011 OF 2025 Sameer V. Arekar Union of India( Ministry Of Finance And Ministry Of Housing And Urban Affairs) through Secretary ... Respondent WRIT PETITION NO.4012 OF 2025 Jimit Rashmikant Shah Union of India ... Respondent WRIT PETITION NO.4055 OF 2025 Jayshree Deepak Soni Union of India( Ministry of Finance And

Ministry of Housing And Urban Affairs ) through Secretary ... Respondent WRIT PETITION NO.4273 OF 2025 Devang Pancholi Union of India (Ministry of Finance) And (Ministry Of Housing And Urban Affairs) ... Respondent WRIT PETITION NO.4015 OF 2025 Joel Barboza Union of India ... Respondents WRIT PETITION NO.3579 OF 2025 Mehul A. Rajpopat Union of India ... Respondent WRIT PETITION NO.4074 OF 2025 Chhaya Rajesh Desai Union of India (Ministry Of Finance) ... Respondent

WRIT PETITION NO.4322 OF 2025 Shailesh S. Suvarna Union of India (Ministry Of Finance) And (Ministry Of Housing And Urban Affairs) Th. Its Secretary ... Respondent WRIT PETITION NO.3886 OF 2025 Sarita Vishnudutt Sharma Union of India ... Respondent WRIT PETITION NO.4214 OF 2025 Paresh Pitroda Union of India (Ministry of Finance) And (Ministry of Housing And Urban Affairs) Th. Secretary ... Respondent WRIT PETITION NO.3958 OF 2025 Vinod Soman Union of India, Ministry of Finance

And Ministry of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.4115 OF 2025 Mihir Ashok Khakhar Union of India, Ministry of Finance And Ministry of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.4010 OF 2025 Rutika Deepak Avhad Union of India ... Respondent WRIT PETITION NO.3920 OF 2025 Ashok Maganlal Khakhar Union of India ... Respondent WRIT PETITION NO.4206 OF 2025 Gaurav Sharma

Union of India ... Respondent WRIT PETITION NO.3888 OF 2025 Dilip Chandulal Shah Union of India, Ministry of Finance And Ministry of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.3924 OF 2025 Munir Khan Union of India, Ministry of Finance And Ministry of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.4068 OF 2025 Salil Tambat Union of India, Ministry of Finance And Ministry of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.2937 OF 2023

Sandeep Jadhawani And 3 Others The State of Maharashtra And 8 Others ... Respondents WRIT PETITION NO.4060 OF 2025 Siddhartha Coomar Gupta Union of India, Ministry Of Finance And Ministry Of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.3595 OF 2025 Abhishek Alle Unionof India, Ministry of Finance And Ministry of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.2888 OF 2023 Rupen Bhatt And 17 Ors.

... Petitioners The State of Maharashtra Through

Its Housing Department And 8 Ors.

... Respondents WRIT PETITION (L) NO.16438 OF 2025 Digant Shah Union of India, Ministry of Finance And Ministry of Housing And Urban Affairs Through Secretary ... Respondent WRIT PETITION NO.4652 OF 2022 Mukesh Tiwari And 72 Ors ... Petitioners The State of Maharashtra Through Its Housing Department And 8 Ors ... Respondents INTERIM APPLICATION NO.3122 OF 2021 IN WRIT PETITION NO.4652 OF 2022 Indiabulls Housing Limited ... Applicant Suman Manglunia And 80 Ors ... Respondents

WRIT PETITION NO.105 OF 2020 Ratnesh Chand Jain And 53 Ors ... Petitioners Union of India Through The Cabinet Secretary And 12 Ors.

... Respondents INTERIM APPLICATION NO.4366 OF 2022 IN WRIT PETITION NO.105 OF 2020 Housing Development Finance Corporation Ltd... Applicant Ratnesh Chand Jain And Ors ... Respondents WRIT PETITION NO.3465 OF 2023 Monish Vinod Mehta The State Of Maharashtra ... Respondents WRIT PETITION NO.3345 OF 2022 Kalpesh Shah And Anr.

... Petitioners The State Of Maharashtra And 6 Ors.

... Respondents

INTERIM APPLICATION NO.881 OF 2022 IN WRIT PETITION NO.3345 OF 2022 Sumer Radius Realty Pvt. Ltd.

... Applicant Kalpesh Shah And Ors.

... Respondents WRIT PETITION NO.2885 OF 2023 Pankaj Vasudev Patel And 3 Ors ... Petitioners State of Maharashtra Through Its Housing Department And 5 Ors.

... Respondents WRIT PETITION NO.4200 OF 2025 Laxmi Nikhil Kotian ... Petitioners Union of India, Ministry of Finance And Ministry of Housing And Urban Affairs Through Secretary ... Respondents ---- Mr. Premlal Krishnan, a/w. Mr Nadeem Shama, Mr Hrishikesh Nadkarni and Mr Salman Athania, i/b. PAN India Legal Services LLP, Advocate for Petitioner in WP/744/2021.

Mr. Vyom Shah, a/w Mr Kinnar Shah, i/b. Divya Shah and

Associates, for Petitioners in WP/2937/2023, WP/2888/2023, WP/2885/2023, WP/4652/2022 and WP/3345/2022.

Mr. Tanay Lodha, a/w Ms Priyanka Dadpe, i/b. Lodha and Lodha Associates, Advocate for Petitioner in WP/1200/2022. Mr. Venkatesh Dhond, Senior Advocate, a/w. Mr Prasad Shenoy, Ms Aditi Phatak, Mr Parichar Zaiwalla and Ms Ishita Desai, i/by BLAC Co, Advocate for Reserve Bank of India in all matters.

Mr. Yash Sinha, i/b. Mr Tushar Goradia, Advocate for Respondent No. 8 in WP/2888/2023.

Mr. Apurva Sanglikar, i/b. Vidhii Partners, Advocate for Respondent No. 9 in WP/4652/2022.

Mr. Charles Desouza, i/b. R.L.Motwani, Advocate for Respondent Nos. 4, 8 and 9 in WP/2937/2023.

Mr. Rahul Gaikwad, i/b. Gravitas Legal, Advocate for Respondent No.4 WP/2937/2023, WP/747/2021, WP/ 2885/2023.

Ms. Rujuta Patil, i/b. Negandhi Shah and Himayatullah, Advocate for National Housing Bank in WP/4652/2022 WP/105/2020 and WP/3345/2022.

Ms. Anuja Tirmali, i/b. Ms Komal Punjabi, Advocate for MCGM for Respondent No. 11 in all.

Ms. Smita Thakur, a/w Ms Ateeba Hasan, Advocate for

Respondent No.1 in WPL/16438/2025.

Ms. Niyomi jariwala i/by Nandita Gopalan, Advocate for Yes Bank.

Mr. Alabh Lal, a/w Anjali Sharma, i/b. Trilegal, Advocate for Respondent No. 5 in WP/747/2021, WP/2888/2023 and for Respondent No.4 in WP/2883/2023 and for Respondent No. 6 in WP/4652/2022.

Ms. Tasneem Bhavnagarwala, i/b. Rathina Maravarman, Advocate for Respondent No. 3 in WP/3465/2023. Mr. Yash Momaya a/w Munaf Virjee, Anuya Pathare and Mithali Shetty i/by AMR Law, Advocate for Respondent No.4. Mr. A.R.Gole a/w Vishwali V B, Advocate for PNB Housing Finance in WP/1200/2022, WP/105/2020, WP/3465/2023 and WP/3345/2022.

Mr. Vishwanath Mannadiar, a/w Ms Sandhya Tiwari, i/b. Mannadiar and Co, Advocate for ICICI Bank Respondent No. 8 in WP/105/2020, WP/747/2021 and for Respondent No. 10 in WP/747/2021.

Mr. T.N.Tripathi, a/w Ms Somya i/b. T.N.Tripathi and Co, for India Bulls in WP/105/2020.

Mr. Y.S.Bhate, a/w Mr Ashutosh Mishra and Mr Ajinkya Jaibhave, for Union of India in all matters.

Ms. P.H. Kantharia, GP, a/w Mr. Milind More, Addl GP, Mr. Vishal Thadani, Addl GP, Ms Manisha Gawade, AGP, Ms. Varsha Sawant, AGP, Mr. Amar Mishra, AGP, Mr. Himanshu Takke, AGP for respondent State.

Ms. Ragini Kurmi i/by S.C.Legal, Advocate for Respondent No.3 in WP/3657/2025, 4011/2025, 4012/2025, 4055/2025, 4273/2025, 4015/2025, 3579/2025, 4074/2025, 4322/2025, 3886/2025, 4214/2025, 3958/2025, 4115/2025, 4010/2025, 3920/2025, 4206/2025, 3888/2025, 3924/2025, 4068/2025, and WPL/16438/2025.

---- CORAM: BHARATI DANGRE AND R.N. LADDHA, JJ.

DATE: 8th JANUARY, 2026 P.C.:

1.

As directed by the earlier order dated 5th January 2026, the other connected writ petitions have also been placed before us.

Upon perusal, we note that out of the group of 32 petitions, some pertain to the year 2025. The learned Counsels are ready to proceed with the hearing of the matter, and as indicated, there is a preliminary issue as regards the maintainability of the writ petitions and the reliefs that may be granted in favour of the petitioners. However, the difficulty posed by us is that our assignment is restricted to the year 2021 to 2023.

In the circumstances, we direct the Registrar (Judicial) to place the matter before the Hon'ble the Chief Justice with a request to permit the petitions of 2025 also to be tagged along with the present writ petitions, as they pertain to our jurisdiction and the issue involved in all the writ petitions is the same. Upon obtaining appropriate directions, we direct that these petitions be listed on 21st January 2026. Interim order granted earlier to continue.

(R.N. LADDHA, J.) (BHARATI DANGRE, J.)