Himmatsing Gaguji Jadeja v. Maharashtra Housing And Are Development Authority (Mhada)

37. WP 3380 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3380 OF 2025 Himmatsing Gaguji Jadeja

...Petitioner

Vs.

Maharashtra Housing and Area Development Authority (MHADA) and Ors.

...Respondents

***** Adv. Pulkit Tiwari i/by Mr. Kamlesh Tiwari- Advocate for the Petitioner Adv. Sayali Apte i/by Adv. P. G. Lad - for the Respondent Nos. 1 to 3MHADA. Adv. Abhay D. Parabh - For Respondent No. 5 (through VC) ***** CORAM :

M. S. KARNIK AND S. M. MODAK, JJ.

DATE :

23rd APRIL 2026 P. C. :- 1.

The impugned order in this petition is dated 27.05.2025 by which the name of Bharti R. Shah, who is Respondent No. 4 in this petition was added as occupant/tenant of Room No. 79 of the 2nd floor, Haribaug Chaw, Lower Parel, Mumbai.

2.

The Petitioner has grievance to the name of the Bharti ShahRespondent No. 4 being added as occupant. The Petitioner claims that Digitally signed by SEEMA KSHITIJ YELKAR Date:

2026.04.24 11:49:32 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

37. WP 3380 of 2025.doc his name should be there as an occupant. It is submitted that the Petitioner has documentary proof to substantiate his claim as occupant of the said tenement.

3.

Ms. Apte, learned counsel for the MHADA submitted that in view of the Government Resolution dated 16.08.2010 for deciding the eligibility, the Petitioner has remedy to approach the Vice President of MHADA by filing an appeal.

4.

In such view of the matter, the petition is disposed of by directing the Petitioner to prefer an appeal before the Vice President of MHADA. If appeal is preferred within a period of two weeks from today, we request Vice President of MHADA to decide the appeal expeditiously and in any event, within a period of ten weeks from the date of filing of the appeal. Needless to mention that appropriate order in the appeal shall be passed after hearing the Respondent No. 4. 5.

Keeping all contentions open which are raised in this petition, the Writ Petition is disposed of. We make it clear that we have not made any observations on the merits of any of the contentions. (S. M. MODAK, J.) (M. S. KARNIK, J.) Seema 2/2