Dosti Realty Ltd. vs State Of Maharashtra
2025 Latest Caselaw 2256 Bom

Bombay High Court

Dosti Realty Ltd. vs State Of Maharashtra on 13 August, 2025

     2025:BHC-OS:13436


                                                                                        909-910-oswpl-25151-2025.doc


                      Sumedh

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

                                         WRIT PETITION (L) NO. 25151 OF 2025

                      Dosti Realty Ltd.                                      ... Petitioner
                           v/s.
                      State of Maharashtra & Ors.                             ... Respondent


                                        WRIT PETITION (L) NO. 25155 OF 2025

                      Dosti Realty Ltd.                                      ... Petitioner
                           v/s.
                      State of Maharashtra & Ors.                             ... Respondent



                                               _______________________
                      Mr. Venkatesh Dhond, Senior Advocate a/w. ADv. Samarth
                      Jaidev, Adv. Aditya Udeshi, Adv. Ashish Mishra, Adv. Rahul
                      Sanghvi, Adv. Rohan Pawar i/by M/s. Sanjay Udeshi & Co. for the
                      Petitioners.
                      Mr. Mohit Jadhav, Addl.GP., for Respondent No.1-State in
                      WPL/25151/2025.
                      Ms. Vrushali Kabre for the Respondent No.1-State in
                      WPL/25155/2025.
                                               _______________________

                                                                     CORAM : KAMAL KHATA, J.

DATED : 13TH AUGUST 2025.

P.C. :

1. Learned Advocate for the Petitioner submits that, by virtue

of the impugned notice, Respondent No.2 has initiated proceedings

under Section 53A of the Maharashtra Stamps Act in relation to Digitally signed by SUMEDH the agreement dated 7th September 2015.

SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date:

2025.08.14 09:27:51 +0530

909-910-oswpl-25151-2025.doc

2. Mr. Dhond, learned Senior Counsel for the Petitioner submits

that no proceedings under section 53A were initiated within the

statutory period of six years from the date of such endorsement.

The impugned order is passed 10 years after the adjudication and

is therefore ex facie barred by limitation under section 53A. The

Learned Senior Counsel relies upon the judgment dated 7 th August

2025 in Writ Petition No.2757 of 2012 in support of his

contention.

3. Per contra learned Counsel for Respondent Nos.1 and 2

submits that he would require two weeks' time to take instructions

and file a Reply.

4. Having heard the learned Counsel for the Petitioner and

being satisfied with reasons provided, I deem it fit to grant interim

relief in terms of Prayer clause (c) and (d) to the Petition.

5. All concerned to act on an authenticated copy of this order.

(KAMAL KHATA, J.)