Shiv Siddhi Vinayak Co-Operative Housing Society Ltd And ORS v. The State Of Maharashtra, Through The Secretary, Ministry Of Urban Development Department And ORS

30-WP-4408-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4408 OF 2025 Shiv Siddhi Vinayak CoOperative Housing Society Ltd And Ors.

... Petitioners

Versus

The State Of Maharashtra, Through The Secretary, Ministry Of Urban Development Department And Ors.

... Respondents SHARADA RANGNATH WAHULE SHARADA RANGNATH WAHULE Date: 2025.11.26 19:57:05 +0530 **** Mr. Vijay S. Sharma, Advocate for the Petitioners. Ms. Rutuja Bodake i/b Ms. Komal Panjabi, Advocate for Respondent (BMC).

Mr. Suraj Gupte, AGP for Respondent/State.

**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE : 24th NOVEMBER, 2025 P.C. :

1.

The cause in which this petition has been filed is already a subject matter in Long Cause Suit No.2032 of 2023 between the purported offending parties, who have erected an offending structure, and the Corporation.

2.

The Petitioners claim to be the Complainants in that matter, who have not been arrayed as Defendants. The order SUB

30-WP-4408-2025.odt protecting the purported offending parties, who are Plaintiffs, is now the subject matter of Appeal from Order (L) No. 30859 of 2025.

3.

These Petitioners have moved an application for intervention in the said matter. The Plaintiffs in the said matter are aggrieved by the notice of the corporation directing them to open their gate and clear the path for the localities. In this petition, the Petitioners, who are complainants, seek the same relief for which the Corporation has issued notice and which is presently stayed by the Civil Court.

4.

The learned counsel for the Petitioners submits that the Petitioners desire to withdraw this Petition. 5.

In view of the above, this Writ Petition is disposed off as withdrawn, on instructions.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUB