Vilas Prabhakar Sawant v. District Deputy Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7239 OF 2025 Vilas Prabhakar Sawant ...Petitioner

VERSUS

1. District Deputy Registrar

2. Rajendra Ghanshyam Sawant

3. Nandkumar Balaram Nandwikar

4. The State of Maharashtra

5. The Joint Registrar

6. Mr. Deepak Kekane

...Respondents

....

Mr. Vishal C. Ghosalkar a/w Mr. Mohd Moin Khan, Advocate for the Petitioner.

Mr. D. S. Sakhalkar i/by Mr. Himanshu, Advocate for Respondent Nos. 2 and 3.

Ms. A. A. Purav, AGP for the Respondent No.4 - State. ....

CORAM

:

M. S. KARNIK & N. R. BORKAR, JJ.

DATE :

10th JUNE, 2025 P.C.

:

1.

Heard the learned counsel for the Petitioner, learned counsel for the Respondent Nos. 1 and 2 and the learned AGP for the Respondent-State.

2.

The Petitioner is the Secretary of the Oshiwara Tarangan Co-operative Housing Society. Learned counsel submitted that the

society has already filed the revision application before the Joint Registrar SRA which is listed for hearing on 13th June 2025. Learned counsel apprehends that even before the application for stay is decided, the administrator is likely to take charge, in which case serious prejudice will be caused to the Petitioner. 3.

Learned counsel for the Respondent Nos.1, 2 and learned AGP for the Respondent-State opposed the Petition. Considering that the Revision Application is pending before the Joint Registrar SRA, the request made by the petitioner that the Joint Registrar SRA be directed to hear and decide the Revision Application expeditiously is reasonable in the facts and circumstances of this case.

4.

Accordingly, we direct the Joint Registrar SRA to hear and decide the Revision Application as expeditious as possible and preferably within a period of eight weeks from today. 5.

We direct the Joint Registrar SRA to hear and decide the application for stay by the next date on its own merits. Till the application for stay is decided, the Administrator not to take charge.

6.

We have not made any observations on the merits of the rival contentions. The Petitioner assures that the Petitioner will co-

operate with the Joint Registrar SRA and will not seek unnecessary adjournments. Further, till the application for stay is decided, no major policy decision or decision having financial implication in respect of the Society will be taken, except regarding day to day expenses for maintenance.

7.

Keeping all the contentions open, the Petition is disposed of. No costs.

(N. R. BORKAR, J.) (M. S. KARNIK, J.)