Mahesh Chandrakant Shetye vs the State of… — Writ and Judicial Review | Bombay HC (2025)

Mahesh Chandrakant Shetye vs the State of… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition allowed to be withdrawn with liberty to pursue the representation dated 26.09.2024 before the Chief Officer, Mumbai Housing and Area Development Board, who was directed to decide it within four weeks of presentation of the order copy; disposed of with no costs; all contentions of the parties expressly kept open.

Issue for consideration

Whether the petitioners are entitled to the benefit of the price reduction of Online Lottery of September 2024 and to refund of the amount of price variation/reduction along with interest @ 80% per annum from the date of the last instalment. +1 more

Ratio / Principle

After hearing the petition for some time, the Court permitted learned counsel for the petitioners to withdraw the petition, with liberty to the petitioners to pursue their representation dated 26.09.2024 pending before the Chief Officer, Mumbai Housing and Area Development Board.

Key takeaways

The Court directed that the representation dated 26.09.2024 be decided by the Chief Officer as early as possible and in any event within four weeks from the date a copy of the order is presented before the Chief Officer.ratio¶19

Detailed headnote1 paragraphs

Writ petition under Article 226 by Mahesh Chandrakant Shetye & Ors. against the State of Maharashtra and Respondent Nos.2 & 3-MHADA, praying for benefit of the price reduction of Online Lottery of September 2024, refund of price variation/reduction with interest @ 80% per annum from the date of the last instalment, and a special enquiry through a retired High Court Judge into the Corrigendum dated 29 August 2024 allegedly issued without official procedure/approval of Respondent No.2-Vice President & Chief Executive Officer, with criminal action. After hearing for some time, counsel sought and obtained leave to withdraw the petition with liberty to press the pending representation dated 26.09.2024 before the Chief Officer, Mumbai Housing and Area Development Board (Exhibit 'G'); the Chief Officer was directed to decide the representation within four weeks of presentation of the order copy. Petition allowed to be withdrawn; disposed of; no costs; all contentions expressly kept open.

29-wp 2708-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 2708 OF 2025

Mahesh Chandrakant Shetye & Ors.

… Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents

Mr. D. G. Dhanure a/w. Mrs. Jyoti D. Dhanure, Ms. Apurva Gudewar and Mr. Aditya Kawad for the Petitioners. Ms. Jyoti Chavan, Addl GP for the Respondent-State. Mr. P. G. Lad a/w Ms. Sayali Apte for Respondent Nos.2 & 3-MHADA.

CORAM : G. S. KULKARNI AND AARTI SATHE, JJ. DATED : 15th SEPTEMBER, 2025.

P.C. :

This petition under Article 226 of the Constitution of India is filed

praying for the following substantive relief: -

“(a) Rule nisi may be issued;

(b) This Court may be pleased to issue writ of mandamus or any other writ/order/direction in like nature thereto direct the Respondents to give benefit of the price reduction of Online Lottery of September 2024 to the Petitioners and further direct to refund amount of price variation/reduction along with interest @ 80% per annum from date of last instalment to the Petitioners as per “Annexure-1” annexed to the writ petition as Exhibit-M in time bound manner;

(c) This Court may be pleased to direct special enquiry through any retired High Court Judge for issuing Corrigendum dated 29^th August 2024 which is without following official procedure and approval of the Respondent No.2-Vice President & Chief Executive Officer and further direct for appropriate criminal action against the Respondents in accordance with law;”

Amk 1/2

29-wp 2708-25.doc

After this petition was heard for some time, learned counsel for the petitioners seeks leave to withdraw this petition with liberty to the petitioners to pursue the representation dated 26.09.2024 filed by the petitioners with the Chief Officer, Mumbai Housing and Area Development Board, Exhibit ‘G’ (Page 144). Let the representation be decided as early as possible and in any event within a period of four weeks from the date copy of this order is presented before the Chief Officer.

Allowed to be withdrawn with liberty as prayed for.

Disposed of. No costs.

All contentions of the parties are expressly kept open.

(AARTI SATHE, J.) ( G. S. KULKARNI, J.)

Amk 2/2