Shree Geeta Sahakari Gruha Rachana Sanstha Maryadit v. the Honble State Minister for Cooperation Marketing and Textiles and Ors.
Division of cooperative society – Section 18, Maharashtra Cooperative Societies Act
Case brief
What is this about?
Bombay High Court, Civil Writ Petition No. 6657 of 2024, decided 18 November 2025 by Amit Borkar, J. Division/bifurcation of cooperative housing society under Section 18, Maharashtra Cooperative Societies Act following redevelopment resolution of 22 July 2018; Building A residents' application dated 4 February 2021 allowed by Deputy Registrar on 25 January 2022; Appeal No. 29 of 2022 allowed by Appellate Authority; State Government in revision restored division order. Held: common entrance, common drainage and common open area alone insufficient for division; parameters of Abdul Rehman Adam Dawa v. District Deputy Registrar (11 November 2025) must be applied; failure vitiates jurisdiction; orders set aside and remanded to Deputy Registrar for fresh decision within three months.
What did the court decide?
Orders passed by the authorities under Section 18 set aside; proceedings remitted to the Deputy Registrar to examine Respondent No. 4's proposal afresh in accordance with the observations and findings in Abdul Rehman Adam Dawa; petitioner and Respondent No. 4 to appear before the Deputy Registrar on 24 November 2025 at 10.30 a.m.; Deputy Registrar to decide the proposal within three months from the date of appearance.