Nagraj Tolaji Mutha Throu Poa Yash Mutha v. State of Maharashtra Thr the Ministry of Co. Operation and Ors.
Case brief
What is this about?
Maintainability of writ petition by alleged non-promoter — notice under Section 11, Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 — Bombay High Court, Amit Borkar, J. — Writ Petition No.13167 of 2025 with Interim Application No.3271 of 2026, Nagraj Tolaji Mutha v. State of Maharashtra Through The Ministry of Cooperation & Ors. — petition held not maintainable as petitioner not a 'promoter' who constructed or caused construction of the project; liberty to institute civil proceedings; ad-interim relief continued for two weeks without expression on merits, competent Civil Court to consider continuation; IA allowed; disposed 27 April 2026, no costs.
What did the court decide?
Writ petition disposed of as not maintainable, with liberty to the petitioner to institute appropriate civil proceedings; ad-interim relief continued for two weeks from the date of the order without expression of opinion on merits, the competent Civil Court to consider continuation; Interim Application No.3271 of 2026 allowed; no order as to costs.