← Library
Bombay High CourtWP/13124/2025allowed to be withdrawn

Roma Builders Private Limited v. State Of Maharashtra Through Revenue Department

2025-12-01Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Shyam C. Chandak3 pages

Rekha Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13591 OF 2025 Roma Builders Private Limited

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

WITH WRIT PETITION NO. 1837 OF 2019 WITH WRIT PETITION NO. 7514 OF 2017 WITH WRIT PETITION NO.315 OF 2019 WITH WRIT PETITION NO. 13124 OF 2025 WITH WRIT PETITION NO. 13125 OF 2025 WITH WRIT PETITION NO. 13123 OF 2025 WITH WRIT PETITION NO. 13590 OF 2025 WITH WRIT PETITION NO. 13589 OF 2025 WITH WRIT PETITION NO. 13592 OF 2025 WITH WRIT PETITION NO. 312 OF 2019 WITH WRIT PETITION NO.313 OF 2019 WITH WRIT PETITION NO. 16168 OF 2025 Mr. Shardul Singh a/w Prerna Gandhi, Ninad Thikekar, Priyal Gandhi i/b SHS Chamber, for the Petitioner in WP/13591/2025.

Mr. Kunal Mehta a/w Druv Unnikrishnan and Urvi Gulechha i/b Jadeja & Satiya, for the Petitioner in WP/1837/2019. REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.12.03 10:47:30 +0530

Mr. Prathamesh Naik i/b Mandar Soman, for the Petitioner in WP/7514/2017.

Dr. Dhruti Kapadia, AGP a/w Ms. S. A. Prabhune, AGP, Ms. M. P. Tkhakur, AGP, Mr. Y. D. Patil, AGP and Ms. S. R. Crasto, AGP, for the Respondent- State.

CORAM:

SUMAN SHYAM & S. M. MODAK, JJ.

DATED:

1st DECEMBER, 2025.

PC:- 1.

Heard submissions of learned Counsel appearing for both the parties. Perused the impugned orders.

2.

The projection made in the newly filed Writ Petitions is to the effect that the impugned orders are in violation of the law laid down by the Hon'ble Supreme Court rendered in the case of Promoters and Builders Association of Pune vs. State of Maharashtra & Ors.1. The State has, however, contested the said assertion of the Petitioners.

3.

After hearing the learned Counsel for the parties, we are of the view that questions of law are involved in this batch of Writ Petitions which would call for adjudication by this Court. Moreover, similar Writ Petitions, instituted earlier in the year 2019, are also pending before this Court wherein, limited ad-interim order(s) of protection have already been passed. On 7th October, 2025, an order was also passed by this Court to list all the matters together. Office to therefore, list these matters together in the third week of January, 2026.

1 2015 (12) SCC 736

4.

Having regard to the over all facts and circumstances of these cases, the law laid down in the case of Promoters and Builders Association of Pune (supra) as well as the observations of the Tahasildar in the impugned orders to the effect that the panchanama prepared by the Talathhi itself is defective, we hereby direct that the operation of respective order (s) impugned in the Writ Petition Nos. 13591/2025, 13124/2025, 13125/2025, 13123/2025, 13590/2025, 13589/2025, 13592/2025 and 16168/2025, shall remain suspended till the next date fixed in all these cases.

5.

State has filed reply. The Petitioners may file rejoinder, if so advised.

6.

Stand over to 22nd January, 2026.

(S. M. MODAK, J.) (SUMAN SHYAM, J.) {