Shree Safalya Co-Op Hsg Society Throu. Jay Krishna Bandiwadekar v. State Of Maharashtra Throu. Govt Pleader And ORS

bipin prithiani 4-wp-8072.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8072 OF 2025 Shree Safalya Co-op. Hsg. Society ...

Petitioner

Versus

State of Maharashtra & Ors.

...

Respondents ****** Mr. Vishal Pattabiraman a/w Aniket Jadhwar for the Petitioner. Mr. P. V. Nelson Rajan, AGP for Respondent Nos.1 and 2. ****** CORAM: MANISH PITALE, J.

DATE : 26th 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 27th May 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

bipin prithiani 4-wp-8072.25.doc challenged before this Court in Writ Petition No. 15754 of 2023. The said petition was allowed by an order dated 29th April 2024, by holding that the respondent No.2 does not have the power to make such corrections or to issue any corrigendum. In that light, the deemed conveyance certificate issued on the basis of the order dated 27th May 2025, stood revived.

4.

The petitioner-society is before this Court in this petition with a specific prayer for the said order dated 27th May 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 1st August 2025.

6.

Mr. Nelson, learned AGP waives notice on behalf of respondent No.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.

MANISH PITALE, J.

BIPIN DHARMENDER PRITHIANI Date: 2025.06.26 16:41:01 +0530 BIPIN DHARMENDER PRITHIANI