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Bombay High CourtWP/8070/2025disposed off

Shree Pushpak Co-Op Hsg Society Throu. Sachin R Saitawadekar v. The State Of Maharashtra Throu. Govt Pleader And ORS

2025-06-27Hon'Ble Shri Justice Sandeep V. Marne2 pages

2_WP_8070_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8070 OF 2025 Shree Pushpak Co-operative Housing Society, Through Sachin R. Saitawadekar ...

Petitioner vs.

The State of Maharashtra and others ...

Respondents Ms. Sakshi Thombre, i/b. Mr. Aniket Jadhwar for petitioner. Ms. Tejas Kapre, AGP for respondent Nos.1 and 2. CORAM : MANISH PITALE, J.

DATE :

27th JUNE, 2025 P.C. :

.

At the outset, the learned counsel for the petitioner seeks permission to amend the petition to fill the blanks in prayer clause (a) of the petition. Leave is granted to amend, which shall be carried out within one week from today. Re-verification is dispensed with. 2.

This writ petition is filed under peculiar circumstances. The petitioner/society had applied for grant of Unilateral Deemed Conveyance, which was granted by impugned order passed as far back as on 13.10.2015.

3.

It appears that subsequently, the respondent No.2-Authority, on an application filed before it, issued a corrigendum adding certain names and making corrections in the deemed conveyance granted in favour of the petitioner-society. The same was challenged before this Court in Writ Petition No. 15766 of 2023. The said petition was allowed by an order dated 29.04.2024, by holding that the respondent No.2 does not have the power to make such corrections by PRIYA KAMBLI Date:

2025.06.27 14:09:38 +0530 PRIYA KAMBLI 1/2

2_WP_8070_25.doc or to issue any corrigendum. In that light, the deemed conveyance certificate issued on the basis of the order 13.10.2015, stood revived. 4.

The petitioner-society is before this Court in this petition with a specific prayer for the said order dated 13.10.2015 to be set aside and for liberty to the petitioner to file a fresh application before respondent No.2, which could be decided in accordance with law. 5.

Issue notice, returnable on 01.08.2025.

6.

Ms. Kapre, learned AGP waives notice on behalf of respondent Nos.1 and 2.

7.

The petitioner is permitted to serve respondent Nos.3 to 12 additionally by way of private service and to file an affidavit of service within two weeks from today.

8.

Tag with Writ Petition No.8077 of 2025.

(MANISH PITALE, J) Priya Kambli 2/2