Shrinath Auto Works and Service Station vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Shrinath Auto Works and Service Station vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only, no merits determination: (i) leave granted to challenge the Competent Authority's order dated 31 March 2025 rejecting the objection of maintainability, amendment to be carried out forthwith; (ii) notice issued to the Respondents returnable on 1 July 2025, AGP waiving notice for Respondent No.1, private service directed on Respondent Nos.2 to 4; (iii) till the next date of hearing, proceedings before the Competent Authority in Application No.92 of 2012 suspended.

Issue for consideration

Whether the Competent Authority has jurisdiction to issue a fresh corrigendum incorporating all the land owners, including the Petitioner, in the certificate of unilateral deemed conveyance dated 30 April 2013, the Petitioner's objection of maintainability having been rejected by order dated 31 March 2025. +2 more

Detailed headnote1 paragraphs

Interim (P.C.) order dated 5 May 2025 of SANDEEP V. MARNE, J., High Court of Judicature at Bombay (Civil Appellate Jurisdiction), in Writ Petition No. 17727 of 2024 — M/s Shreenath Auto Works and Service Station v. The State of Maharashtra and Ors. The Petitioner, claiming to be owner of land admeasuring 3640.00 sq. mtrs., challenges the order dated 30 April 2013 of the Competent Authority and District Deputy Registrar of Co-operative Societies, Pune issuing a certificate of unilateral deemed conveyance of the land in favour of Respondent No.2-Society; the Petitioner was apparently not impleaded in Application No.92 of 2012 filed by the Society. The certificate was once corrected by corrigendum dated 23 February 2021. On the Society's application for a fresh corrigendum incorporating all land owners, the Petitioner's maintainability objection — founded on the Competent Authority's alleged lack of jurisdiction to issue a corrigendum, per the judgement in Kashish Park (Realtors) Pvt. Ltd. & Ors. v. State of Maharashtra & Ors., (2021) 3 MhLJ 778 — was rejected by the Competent Authority's order dated 31 March 2025. Leave granted to challenge that order; notice issued returnable on 1 July 2025 (AGP waiver for Respondent No.1; private service on Respondent Nos.2 to 4); proceedings before the Competent Authority in Application No.92 of 2012 suspended till the next date of hearing. Petitioner's pleaded grievances: denial of opportunity of hearing, and conveyance of the whole 3640.00 sq. mtrs. to one building although the land was made available under an agreement executed under Section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 for construction of two buildings. This order makes no merits determination and records no substantive holding.

MJ Jadhav 17-WP-17727-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 17727 OF 2024

M/s Shreenath Auto Works and Service Station

...Petitioner

V/s.

Digitally signed byMANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2025.05.07 17:56:47 +0530

The State of Maharashtra and Ors.

...Respondents

Mr. Radhikesh V. Uttarwar, a/w Pooja R. Thakur , for the Petitioner.

Ms. Snehal S. Jadhav , A GP for the Respondent/State.

CORAM: SANDEEP V. MARNE, J. DATE : 5 MAY 2025.

P.C.:

The Petitioner challenges order dated 30 April 2013 passed by Competent Authority and District Deputy Registrar of Co-operative Societies, Pune issuing certificate of unilateral deemed conveyance of land admeasuring 3640.00 sq. mtrs. in favour of Respondent No.2- Society.

The Petitioner claims to be the land owner, who was apparently not impleaded as party Respondent to Application No.92 of 2012 filed by the Respondent No.2- Society. The

Page No. 1 of 3 5 May 2025

MJ Jadhav 17-WP-17727-2024.docx

certificate dated 30 April 2013 has already once been corrected by issuance of corrigendum dated 23 February 2021.

Now, another application is filed for issuance of fresh corrigendum by the Respondent No.2- Society for the purpose of incorporation of all the land owners, including the Petitioner in the certificate of unilateral deemed conveyance. The Application was opposed by the Petitioner raising the issue of jurisdiction of the Competent Authority to issue corrigendum by relying on judgement of this Court in Kashish Park (Realtors) Pvt. Ltd. & Ors. Vs. State of Maharashtra & Ors¹ .

However, it appears that by order dated 31 March 2025, the Competent Authority has rejected the objection of maintainability. Leave is granted to challenge the order dated 31 March 2025. Amendment to be carried out forthwith.

The contention of the Petitioner is that since the original order dated 30 April 2013 is passed without hearing it, the Competent Authority cannot issue a corrigendum only for the purpose of incorporating the name of the Petitioner in the order dated 30 April 2013. It is submitted that the proceedings are effectively decided without grant of opportunity of hearing to the Petitioner and such opportunity would continue to remain denied even after issuance of corrigendum by adding name of the Petitioner to the order dated 30 April 2013. Instead, it is suggested by the Petitioner that order dated 30 April 2013 be set

1 (2021) 3 MhLJ778.

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MJ Jadhav 17-WP-17727-2024.docx

aside and Application No.92 of 2012 be remanded to the Competent Authority for being decided afresh. It is the contention of the Petitioner that under agreement executed under provisions of Section 4 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, the land ad-measuring 3640.00 sq. mtrs. was made available for construction of two buildings. However, the impugned order dated 30 April 2013 conveys the entire land admeasuring 3640.00 sq. mtrs. to one building of the Respondent No.2- Society.

Issue notice to the Respondents, returnable on 1 July 2025.

1. AGP waives notice on behalf of the Respondent No.1.

In addition to the Court notice, the Petitioner to serve Respondent Nos.2 to 4 by private service.

Till the next date of hearing, the proceedings before the Competent Authority in Application No.92 of 2012 shall remain suspended.

[SANDEEP V. MARNE, J.]

Page No. 3 of 3 5 May 2025