Bombay High Court
Nitin Rukhabdas Khedkar vs State Of Maharashtra Through ... on 2 August, 2024
Author: M.S. Sonak
Bench: M.S. Sonak
2024:BHC-OS:11866-DB Nitin Rukhabdas Khedkar v State of Maharashtra & Ors
930-oswpl-14288-2023-J.doc
Sumedh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 14288 OF 2023
Nitin Rukhabdas Khedkar,
Age: about 57 years, Occupation: Business,
Address: 5A-1004, Versova Heights,
Co-operative Housing Society Limited,
New MHADA Colony, Samarth Nagar,
Andheri (W), Mumbai- 400 053. ...Petitioner
~ versus ~
1. State of Maharashtra,
Through Government Pleader,
Address: Office of Government Pleader,
Bombay High Court, Fort,
Mumbai - 400 032.
2. Maharashtra Housing and
Development Authority &
Board (MHADA),
Through its President,
Address: MHADA, Grihanirman
Bhavan, Kalanagar, Bandra (E),
Mumbai- 400 051.
3. Versova Heights Co-
operative Housing Society
Limited,
Through Secretary, Bapu Narayan
Romane, Residing at 5A-1206, New
MHADA Colony, Samarth Nagar,
Andheri (W), Mumbai- 400 053. ...Respondents
Digitally
signed by
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2024.08.07
18:26:56
+0530 Page 1 of 6
2nd August 2024
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Nitin Rukhabdas Khedkar v State of Maharashtra & Ors
930-oswpl-14288-2023-J.doc
A PPEARANCES
for the petitioner Mr Amit A Gharte.
for respondent no.2 Mr Siddharth Chandrashekhar.
for respondent- Ms Uma Palsuledesai, AGP.
state
CORAM : M.S. Sonak &
Kamal Khata, JJ.
DATED : 2nd August 2024
ORAL JUDGMENT (Per MS Sonak J):-
1. Rule. Rule is made returnable with the consent of the learned
counsel for the parties.
2. Heard learned counsel for the parties.
3. The learned counsel for the Petitioner states that the Society
has been duly served in this matter.
4. On 31 July 2024, we made it clear that considering the issue
involved, we would take up this matter on 1 August 2024.
5. The Petitioner seeks a writ of mandamus to the Maharashtra
Housing and Area Development Authority ("MHADA") to issue a
transfer letter/NOC so that such transfer letters/NOC could be
2nd August 2024
Nitin Rukhabdas Khedkar v State of Maharashtra & Ors
930-oswpl-14288-2023-J.doc
submitted before the 3rd Respondent Society and membership
obtained in respect of flat No. 5A/1004, Versova Heights
Cooperative Housing Society Ltd, Samarth Nagar, Andheri West,
Mumbai 400053 ("said flat").
6. The Petitioner applied for the above transfer letter/NOC to
the MHADA on November 10, 2017. The MHADA, through a note
of deficiency, called upon the Petitioner to produce a probate and
NOC from the 3rd Respondent Society. This document is on page
78 of the paper book.
7. Accordingly, the Petitioner produced before the MHADA
probate dated 21st September 2020 (Exhibit "R" page 85) and a
NOC from the Society dated 11th May 2017 (Exhibit "L" on page
70).
8. After all this was done, MHADA was expected to issue the
transfer letter/NOC requested by the Petitioner. However,
MHADA, this time, insisted that the Petitioner produce a fresh
NOC from Respondent No. 3 Society.
9. The Petitioner, therefore, approached the Respondent No. 3
Society by letter dated 15 January 2021 to issue a fresh NOC. The
3rd Respondent Society, vide Exhibit "X" at page 95 of the paper
book, replied to the Petitioner on 15 January 2021 that since the
Society had already issued the NOC on 11 November 2017, no NOC
could be issued for the same reason more than once.
2nd August 2024
Nitin Rukhabdas Khedkar v State of Maharashtra & Ors
930-oswpl-14288-2023-J.doc
10. The Society's letter dated 15th January 2021 is transcribed
below for the convenience of reference.
"We are receipt of your letter dated 15th Jan 2021, and
clarification sought for below mention points by society.
1. As you have mention in your letter you have
submitted original NOC 11th Nov 2017, then why
the request for one more NOC.(Copy attached)
2. For same work / transfer NOC cannot be
issued twice.
3. For 3 years why Mhada has not transferred
flat in your name? You can approach consumer
court against Mhada seeking reason why your
transfer was not done.
Also for your information Members of Co-operative Society
are not consumers. Hence your letter cannot be treated as
notice under the Consumer Protection Act 2019. You cannot
give threat / pressurize society for doing wrong deed for your
own benefit."
11. Thus, from the material placed on record, it appears that
MHADA refers the Petitioner to the 3rd Respondent Society, and
the 3rd Respondent Society insists that no fresh NOC can be issued
since earlier on 11th November 2017, the Society has already issued
its NOC.
12. The MHADA's deficiency note dated 07/12/2017 states that
the Petitioner's application for transfer letters/NOC is pending on
account of the following five reasons
"1. Please submit registered notary Indemnity bond.
2nd August 2024
Nitin Rukhabdas Khedkar v State of Maharashtra & Ors
930-oswpl-14288-2023-J.doc
2. Please submit recent Society NOC.
3. Please submit Society maintenance receipt
alongwith attached documents.
4. Please submit registered notary Affidavit.
5. Please submit probate copy alongwith attached
documents."
13. Learned counsel for the Petitioner states that the Petitioner is
always ready and willing to submit a registered notary indemnity
bond, Society maintenance receipt, and registered notary affidavit as
required by conditions 1, 3, and 4. Learned counsel for the
Petitioner, on instructions, states that these three documents will be
supplied to the MHADA within a maximum of 2 weeks from today.
Learned counsel for the Petitioner states that the Petitioner already
has a copy of the Society's NOC dated 11 November 2017 and
probate dated 21 September 2020.
14. Accordingly, learned counsel for the Petitioner submits that
all the above five documents will be submitted to the MHADA
electronically and physically within two weeks from today.
15. If all the above five documents are provided to the MHADA
electronically or if the MHADA accepts them physically, the
MHADA must issue the Petitioner the necessary transfer
letters/NOC within 15 days of receiving them. We direct
accordingly.
16. The Rule is disposed of with the above directions without any
cost orders.
2nd August 2024
Nitin Rukhabdas Khedkar v State of Maharashtra & Ors
930-oswpl-14288-2023-J.doc
17. All concerned to act on an authenticated copy of this order.
(Kamal Khata, J) (M.S. Sonak, J)
2nd August 2024
