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Bombay High CourtIA/38275/2025allowed

Charan Singh Amarsing Sandhu Incorrecly Written As Charan Harbans Singh v. The Chief Executive Officer, Slum Rehabilitation Authority And ORS

2025-12-09Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe3 pages

Digitally signed by PRASHANT VILAS RANE Date:

2025.12.11 15:26:24 +0530 PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.38275 OF 2025 IN WRIT PETITION NO. 3192 OF 2025 CHARAN SINGH AMARSING SANDHU INCORRECLY WRITTEN AS CHARAN HARBANS SINGH

...Petitioner

VS THE CHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY AND ORS.

...Respondents

_________ Mr. Shakil Ahmed with Misha Shaneali-Jan with Babita Kesharwani, for Petitioner.

Mr. Sohail Ahmed i/b. Rajendra Rathod, for Respondent No.3. Mr. Vishwanat Patil with Harshwardhan Karande, for Respondent-SRA. Mr. D. R. Kawale i/b. Komal Punjabi, for Respondent - BMC. __________

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

9 DECEMBER 2025.

P.C.:

1.

By an order dated 15 September 2025 this petition was disposed of. The present Interim Application is filed to correct the name of the petitioner as per the documents as annexed to the application namely Aadhaar Card, election identification card as also bank passbook with affidavit. The applicant/petitioner is stated to be a person who is not literate. The application is opposed on behalf of the developer.

2.

In our opinion, it is difficult to accept that the developer would have any locus, once the development has been undertaken and the tenements were made

available to be allotted to the legitimate slum dwellers, whose names were figured in Annexure II or their legal heirs.

3.

We find from the memo of the petition that the petitioner was described in the petition as "Charan Harbans Singh', Age 75 years, who is a Senior Citizen. It appears from the allotment letter issued by the SRA that the original hutment was in the name of the petitioner's mother in law Smt. Harbans Kaur Bahadur Singh (deceased), and the petitioner "Charan Singh" (as described therein) was shown to be the legal heir, as clear from the certificate dated 29 April 2024 ('Exhibit M' to the petition). The mistake appears to be that the name of Smt. Harbans being added in the petitioner's name, although recognizing that the applicant/petitioner was the legal heir of Smt. Harbans Kaur Bahadur Singh. The SRA hence has not described the petitioner's name as per Aadhaar Card or other documents.

4.

In this view of the matter, in our opinion, although an objection is raised, we are inclined to allow this application in terms of prayer clauses (a) and (b) which read thus:- "(a) That the present Interim Application for correction of name in Writ Petition No.3192 of 2025 may kindly be allowed and the name "Charan Harbans Singh" may kindly be corrected to "Charan Singh Amarsing Sandhu" in the Cause Title and in the Judgment dated 15.09.2025 and be placed on the final hearing board. (b)That Respondent No.1 (The Chief Executive Officer, Slum Rehabilitation Authority) be directed to cancel Demand Draft No.000583 dated 15.09.2025 and issue a fresh Demand Draft in the correct name "Charan Singh Amarsing Sandhu" within 2 weeks from the date of order."

5.

Necessary demand draft be accordingly issued in the correct name of the petitioner i.e. 'Charan Singh Amarsing Sandhu' by the Chief Executive Officer within two days from the date a copy of this order is presented before him. 6.

Interim Application is allowed in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)