Priya Prabhakar Rane v. The District Deputy Registrar Co-Op. Soc. And ORS

43-WP-529-25-modified.doc Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 529 OF 2025 WITH WRIT PETITION NO. 531 OF 2025 Priya Prabhakar Rane ... Petitioner V/s.

The District Deputy Registrar Cooperative Society and Ors. ... Respondents Mr. Ranjit A. Thorat, Senior Advocate a/w. Ms. Pratibha Shelake for the Petitioners.

Ms. Madhubala Kajle, 'B' Panel for Respondent No.1-State. Mr. Rohan Kadam a/w. Ms. Rucha Vaidya, Kunjan Chedda, Ms. Dipti Nagda i/b Ms. Dipti Nagda for Respondent No.2. Ms. Vaishnavi Mane i/b Mr. Sushant Chavan for Respondent No.3.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 7, 2025 P.C.:

1.

The petitions impugn order dated 19.08.2013 and the order dated 28.11.2024 passed by the District Deputy Registrar, Cooperative Societies, Mumbai in Application No.15 of 2012. 2.

On perusal of record, it appears that the petitioner had not caused development of the property in question. Though the petitioner is claiming right, title and interest in the property, since she has not caused development of the property, she cannot be termed as promoter within the meaning of Section 2(c) of MOFA Act. If she is not promoter within the definition of provisions of

43-WP-529-25-modified.doc Section 2(c), she cannot challenge the order passed by the authority under the provisions of MOFA Act granting deemed conveyance in this Court. However, if the petitioner's civil rights are being affected by the order of deemed conveyance or by order of corrigendum which is subject matter of the present petition, it shall be open for the petitioner to instituted civil suit for the purpose of ventilating her civil rights as are permissible in law. Hence, keeping all contentions raised by the petitioners open to be agitated before the competent Civil Court, both the petitions stand disposed of.

(AMIT BORKAR, J.)