Disposed

Arvind Ramchandra Shivrame and Ors. v. State of Maharashtra (through the Secretary of Co-Op. Soc. , Mah. State) and Ors.

Bombay HC22 Apr 2022WP/1095/2022

Case brief

AI extract

What is this about?

Petitioners sought directions to implement State guidelines for redevelopment and allow member participation. Court relied on respondent-society's undertaking and accepted statements by its Chairman to dispose of the petition without further directions, noting the rehearing on specific dates.

What did the court decide?

Case dismissed; society undertook to abide by guidelines; matter for compliance listing.

Arvind Ramchandra Shivrame and Ors. Vs State of… — Cooperative Societies | Bombay HC (2022)

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Digitally signed by RUPALI RUPALIRAJESHWAKODIKAR RAJESHWAKODIKARDate:2022.04.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY 15:05:25 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1095 OF 2022

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ALONGWITH

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INTERIM APPLICATION NO. 2678 OF 2022

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Arvind Ramchandra Shivrame and Ors. ...Petitioners Versus The State of Maharashtra (Through The Secretary of Co-operative Societies) and Ors. ...Respondents

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Mr. Azimuddin Kazi a/w Mr. Rizwan Khan i/b N.N.Kazi & Assoc. for the Petitioners.

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Smt. S.D.Vyas, ‘B’ Panel Counsel for the Respondent-State.

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Mr. Sandesh Patil a/w Ms. Divya A. Pawar-Patil i/b Prithviraj S. Gole for the Respondent No.3.

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Mr. Shrikrishna Keshav Bhagat, Chairman of Sukh-Darshan CHS Ltd./Respondent No.3.

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CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ. DATE : 22nd APRIL, 2022

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P.C. :

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Not on board. Taken on board.

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By this petition, the petitioners in prayer clause (a) of the petition, seek a direction to the respondent No.2 i.e. the Deputy Registrar, Co-operative Societies to implement the mandatory guidelines issued by

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Wakodikar

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the State of Maharashtra vide Notification dated 4^th July, 2019 in its letter and spirt.

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Mr. Patil, learned Counsel appearing for the Respondent No.3 – Sukh-Darshan Co-operative Housing Society, on instructions, states that the society will ensure and strictly abide by the mandatory guidelines issued by the State of Maharashtra vide Notification dated 4^th July, 2019. Statement accepted. In view of the said statement, no direction is required to be issued to the respondent No.2. Learned Counsel for the Respondent No.3 submits that the meeting is scheduled for 24^th April, 2022, in which, three developers have been short-listed.

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As far as prayer clause (b) is concerned, learned Counsel for the petitioner does not press for the said prayer clause as the same does not survive.

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As far as the prayer clause (c) i.e. a direction to the respondent No.2 to start the entire process of the re-development of the respondent No.3-society, afresh is concerned, we are not inclined to grant the same, having regard to the fact, that already three developers have been shortlisted and the respondent No.3-society has made a statement that they will comply with the guidelines issued by the State of Maharashtra in the

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Wakodikar

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Notification dated 4^th July, 2019, in the meeting which is to be scheduled on 24^th April, 2022.

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As far as prayer clause (d) is concerned i.e. the respondent Nos.2 and 3 to allow all the members of the society including the petitioners to participate the re-development process as per guidelines issued by the State of Maharashtra is concerned, in view of the statement made by Mr. Patil, learned Counsel appearing for the respondent No.3Society, on the instructions of the Chairman - Mr. Shrikrishna Keshav Bhagat, who is present in the Court, it is always open for the petitioners to participate in the said proceedings.

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The petition is disposed of on the aforesaid terms.

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In view of the order passed in the aforesaid petition, nothing survives for consideration in the aforesaid interim application. The same is accordingly disposed of.

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Matter to be listed for recording compliance on 4^th May, 2022.

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MADHAV J. JAMDAR, J. REVATI MOHITE DERE, J.

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Wakodikar

Arvind Ramchandra Shivrame and Ors. v. State of Maharashtra (through the Secretary of Co-Op. Soc. , Mah. State) and Ors.

Case brief

What is this about?

What did the court decide?

Arvind Ramchandra Shivrame and Ors. v. State of Maharashtra (through the Secretary of Co-Op. Soc. , Mah. State) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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