Disposed

New Ekta Chsl (Proposed) v. the State of Maharashtra and Ors.

Bombay HC22 Jun 2011WP/3481/2011

Case brief

AI extract

What is this about?

The High Court directed the Divisional Joint Registrar, Cooperative Societies, to decide a pending revision within eight weeks. The Court also ordered parties to maintain status quo during this period in a writ petition regarding the change of a developer for a proposed housing society.

What did the court decide?

The Divisional Joint Registrar is directed to decide the pending revision within eight weeks; parties are directed to maintain status quo till then.

New Ekta Chsl (Proposed) Vs the State of Maharashtra and… — Property and Title | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL WRIT PETITION No. 3481 of 2011.

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New Ekta Co-operative Housing Society Ltd (Proposed)

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...Petitioner.

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Versus

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The State of Maharashtra & ors.

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...Respondents.

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Mr A.V.Anturkar, Sr. Advocate with I.S.Thakur, Advocate i/by M/s. Global Juris Consults for the Petitioner.

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Mrs M.P.Thakur, Assistant Government Pleader, for Respondent Nos. 1 and 3 - the State.

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CORAM: D.D. SINHA AND A.R.JOSHI, JJ.

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DATED:- 22^nd June, 2011.

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P.C.

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Heard the learned counsel for the Petitioner and the learned

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Assistant Government Pleader for the State.

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The following facts are not in dispute :-

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In the General Body Meeting of the petitioner-proposed

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Society dated 26.1.2010 name of respondent No.5 was considered and was selected as a Developer. District Deputy Registrar vide order dated 1.3.2011 issued directions for again holding a General Body Meeting of the proposed Society on 13.3.2011. Being aggrieved by this direction, the petitioner approached Divisional Joint Registrar Cooperative Societies, Mumbai by filing revision application. The Divisional Joint Registrar, Co-operative Societies granted stay to the order dated 1.3.2011 passed by the District Deputy Registrar vide order dated 10.3.2011. It is submitted that the said revision is pending for decision.

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It appears that the Authorities under Slum Rehabilitation Act vide order dated 11.3.2011 once again directed to hold the General Body Meeting of the proposed Society, which was held accordingly and decision to change the Developer and Architect has been taken.

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The learned counsel for the petitioner has submitted that in view of the above facts and circumstances directions may be given

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to the Divisional Joint Registrar, Cooperative Societies,Mumbai to decide the revision within a stipulated period and till such time parties may be directed to maintain status quo .

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The learned Assistant Government Pleader states that if the revision is not decided by the Divisional Joint Registrar till this date same shall be decided as per the directions of this Court.

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Considered the contentions canvassed by the learned counsel for the respective parties and perused the petition.

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In view of the above referred facts, it appears that the revision filed by the petitioner against the order dated 1.3.2011 passed by the District Deputy Registrar is pending on the file of the Divisional Joint Registrar, Cooperative Societies. It is also not in dispute that the Divisional Joint Registrar vide order dated 10-3-2011 stayed the effect and operation of the order dated 1.3.2011 passed by the District Deputy Registrar. It is in these circumstances, it will be appropriate to pass the following order:-

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(a) Divisional Joint Registrar is hereby directed to decide the revision of the petitioner, if not decided

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earlier in accordance with law and procedure

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applicable in this regard, on its own merit, within a

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period of eight weeks from today.

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(b) Considering the facts involved in the present

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case and in the interest of justice, we direct the parties to maintain status quo till then.

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With these observations and directions writ petition is disposed of.

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(D.D. SINHA,J)

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(A.R.JOSHI, J.)

New Ekta Chsl (Proposed) v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

New Ekta Chsl (Proposed) v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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