Ravi Raghunath Khanjode And 15 Ors vs State Of Maharashtra And 11 Ors
2022 Latest Caselaw 6616 Bom

          IRESH SIDDHARAM   Digitally signed by IRESH
                            SIDDHARAM MASHAL
          MASHAL            Date: 2022.07.15 10:52:04 +0530




                                                                                    3.WP.1806.21.doc

Sharada
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                WRIT PETITION NO.1806 OF 2021

              RAVI RAGHUNATH KHANJODE A ND                                  ....PETITIONERS
              ORS
                   V/s.
              STATE OF MAHARASHTRA AND ORS                                  .....RESPONDENTS

                                                   WITH
                                   INTERIM APPLICATION (L) NO. 545 OF 2022
                                                     IN
                                       WRIT PETITION NO.1806 OF 2021

              DIPAK SHANVAR KHANJODE                                        ....APPLICANT
              (APPLICANT/PETITIONER NO.9)

              IN THE MATTER BETWEEN

              RAVI RAGHUNATH KHANJODE A ND                                  ....PETITIONERS
              ORS

                      V/s.

              STATE OF MAHARASHTRA AND ORS                                  .....RESPONDENTS

              Mr. R. A. Shaikh a/w Savita Malkampate Usha Agarwal Advocate for
              the Petitioner
              Mr. Kedar Dighe AGP for Respondent nos. 1 & 2
              Mr. Nimish Lottikar i/b Mr. Santosh Pathak for Respondent no. 3

                                              CORAM :         NITIN W. SAMBRE, J.

                                              DATE:           JULY 13, 2022.

              P.C.:

              1)        The Petition questions an order passed in exercise of power



                                                        3.WP.1806.21.doc

under section 5A r/w section 11 of the The Maharashtra Ownership

of Flats (Regulation of the Promotion, Construction, Sale,

Management and Transfer) Act (Hereinafter referred to as 'the Act' for

the sake of brevity). The order impugned dated 28th July, 2020 is

already informed to be implemented as the deemed conveyance is

already registered.

2) In this background, having regard to the settled position of

law and having regard to the Judgment of this Court in the matter of

Mazda Construction Company & Ors V/s. Sultanabad Darshan CHS

Ltd and Ors1 in my opinion, the present Petition is not maintainable

as in such eventuality in my opinion, the suit is maintainable. That

being so, the Petition Stands disposed of.

3) The Petitioner is at liberty to take out proceedings before the

Civil Court questioning the order of deemed conveyance.

4) In view of disposal of Petition, Interim Application also

stands disposed of.

[NITIN W. SAMBRE, J.]

1 2013(2) ALL MR 278