Shriprakash Ram Ganesh Dubey v. Maharashtra Housing And Area Development Authority

302-WP-2806-25.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JYOTI RAJESH MANE ORDINARY ORIGINAL CIVIL JURISDICTION by JYOTI RAJESH MANE Date: 2025.09.18 18:08:25 +0530 WRIT PETITION NO. 2806 OF 2025 Shriprakash S/o. Ram Ganesh Dubey

...Petitioner

Versus

Maharashtra Housing & Area Development Authority

...Respondents

_______ Mr. Amit G. Dubey i/b. Mr. A.M.Saraogi, for Petitioner. Mr. P.G.Lad a/w.Ms. Sayali Apte, for Respondent - MHADA. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

16th September 2025 P.C.

1.

This Petition is filed under Article 226 of the Constitution of India, praying for the following reliefs:

a) that this Hon'ble Court be pleased to issue appropriate writ, order and direction directing the Respondents to complete the hearing in respect of the representations made by the Petitioner as recorded in the order passed by this Hon'ble Court being order dated 13th November 2013, being Exhibit B and pass appropriate order in accordance with law within a stipulated time as this Hon'ble Court may deem fit and proper.

b) that interim and ad-interim reliefs in terms of prayer (a) above; c) that cost of this Petition be provided for;

d) that for such other and further reliefs as this Hon'ble Court may deem fit and proper.

Mane

302-WP-2806-25.DOC 2.

Learned counsel for the Petitioner has drawn our attention to an Order dated 13th November 2013, passed in the earlier Writ Petition being Writ Petition No.2769/2012, on which the following order was passed: The grievance of the Petitioner is that though he made a representation on 27.9.2012 to Respondent Nos. 1 and 2, it was not yet decided. It is submitted that this Court had passed order in Appeal (L) No. 140 of 2009 in Writ Petition No. 2616 of 2008 on 21st March, 2009. It is submitted that facts of the said case are identical with the facts of the present case. This being the position, it would be appropriate if MHADA is directed to decide the representation made by the Petitioner on 27th September 2012, as expeditiously as possible, and in any case within a period of 6 weeks from the date of receipt of this order.

It is clarified that Respondent Nos. 1 and 2 should give personal hearing to the Petitioner and take into consideration the documents submitted by the Petitioner while deciding the said representation. All contentions raised by the Petitioner as well as Respondents in this petition are kept open. Writ petition is disposed of in the aforesaid terms. The only prayer of the Petitioner is that the MHADA needs to decide the Petitioners representation in accordance with the said order passed by this Court. We are inclined to dispose of this Petition by directing that the Order dated 13th November 2013, be complied by the designated Officer of the MHADA without any further extension, within a period of four weeks from today. 4.

An opportunity of a hearing be granted to the Petitioner. All contentions of the parties are expressly kept open.

5.

Petition is disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Mane