Munjaji Nivrutti Panale v. The State Of Mahashtra Through Its Secretary And Others

Megha 27 to 33_wp 1281_25.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1281 OF 2025 Priya Prabhakar Rane

...Petitioner

V/s.

The District Deputy Registrar and Ors.

...Respondents

______________ Mr. Uday B. Nighot for the Petitioner.

Ms. Kavita N. Solunke, AGP for Respondent in WP/1281/2025. ______________ CORAM : SANDEEP V. MARNE, J.

Dated : 27 January 2025.

P.C. :

1) It appears that the Petition is squarely covered by order dated 24 January 2025 passed by this Court in Writ Petition No.1256 of 2025. The order reads thus:- 1.

The Petitioner challenges the order dated 28 November 2024 passed by the Competent Authority granting Certificate of unilateral deemed conveyance of land and building in favour of Respondent No.2-Society.

2.

It is the case of the Petitioner that the Promoter erroneously included his portion of land in the development carried out by him on the basis of erroneous consolidation order, which was subsequently set aside. In short, Petitioner submits that some portion of the land taken up for development by the Promoter and which is sought to be transferred in favour of Respondent No.2-Society by the order of the Competent Authority actually belongs to him. In my view, the dispute of title or boundaries cannot be agitated in an enquiry under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction Sale, Management and Transfer) MEGHA SHREEDHAR PARAB MEGHA SHREEDHAR PARAB Date: 2025.02.04 14:23:17 +0530 Page No.

1 of 27 January 2025

Megha 27 to 33_wp 1281_25.docx Act, 1963 (MOFA). Petitioner will have to file a suit for claiming his right, title and interest in the portion of land conveyed in favour of Respondent No.2-Society. Mere grant of Certificate of unilateral deemed conveyance would not prevent the Petitioner from instituting suit for claiming right, title and interest in the land so conveyed under Section 11 of the Act. 3.

Reserving the liberty to the Petitioner to file suit for claiming right, title and interest in any portion of the land conveyed to Respondent No.2-Society, the Writ Petition is disposed of.

2) For the reasons recorded while dismissing the Writ Petition No.1256 of 2025 present Writ Petition is also dismissed. Petitioner would however be at liberty to file a Suit for claiming right, title and interest in any portion of the land conveyed to Society.

[SANDEEP V. MARNE, J.] Page No.

2 of 27 January 2025