Ranjana Alias Balutai Shankar Kamble v. State Of Maharashtra Through Government Pleader

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by CHAITANYA ASHOK JADHAV Date:

2026.05.11 12:32:14 +0530 CHAITANYA ASHOK JADHAV WRIT PETITION NO. 1965 OF 2026 WITH INTERIM APPLICATION (L) NO. 15047 OF 2026 IN WRIT PETITION NO. 1965 OF 2026 Ranjana Alias Balutai Shankar Kamble

...Petitioner

Versus

State Of Maharashtra Through Government Pleader

...Respondents

Mr. Nitin Parkhe a/w Supriya Chauhan, for the Petitioner. Mr. Aayush Yadav, Counsel a/w Preet Vora i/b Mangesh Sawant, for the Respondent No.3.

Mr. Piyush Raheja i/b Ankur Kalal, for the Respondent No.4. Ms. Usha Rahi, A.G.P., for the State.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE:

MAY 7, 2026 ORDER :

1.

Learned Advocate for the Respondent No.4, who is a developer of the property in question, has tendered across the bar, an Additional Affidavit filed by one Mr. Yogesh Kulin Gala, a partner of Respondent No. 4. In particular, paragraph 7 of the said Affidavit states that all the remaining flats, including the Petitioner's flats would be handed over to the Society, leaving it to the

Society to enable the respective owners of the flats to be given possession thereof.

2.

The Society to execute appropriate documentation for handing over of the possession of the respective flats to each flat owner. 3.

In these circumstances, since the fundamental grievance on the basis of which this Petition was filed, namely, that the Developer is withholding handover of possession, and that too on the premise that the Collector's approvals have not been received, now stands worked out, the Developer and the Society are directed to ensure handover of possession in terms of the Additional Affidavit filed and taken on record today, no later than 12:00 noon on May 14, 2026. While this is an outer deadline, possession may be handed over even earlier. The Developer and the Society shall coordinate with the flat owners to schedule appointments with the sub-registrar of assurances for execution of requisite documentation and hand over of possession. 4.

In any case, no later than 12:00 noon on May 14, 2026, the entire possession of all the units shall be handed over to the Society. The Society shall then hand over possession to the respective members of the Society who are entitled to their respective units.

5.

In the aforesaid circumstances, the Petition stands worked out. Any inter se disputes between the members and the Society, or between the Society and the Developer would be amenable to such jurisdiction as they may be advised to invoke.

6.

The Petition is finally disposed of in the aforesaid terms, and therefore, nothing would be survived in the Interim Application, and the same shall also stand disposed of. List for reporting compliance on June 8, 7.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.]