H V INFRASTRUCTURE PVT LTD AND ORS vs STATE OF MAHARASHTRA THR THE COOPERATION DEPARTMENT AND ANR

Judgment text excerpt

903.WP.11251.2024.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11251 OF 2024 M/s. H.V. Infrastructure Pvt. Ltd. and Anr. .. Petitioners Versus State of Maharashtra and Anr. .. Respondents ....................  Mr. B.S. Nagar a/w. Mr. C.J. Daveson, Ms. Poonam Utekar and Mr. Rikin Yadav, Advocates for Petitioners.  Mr. Hamid Mulla, AGP for Respondent No.1 - State.  Mr. Ajay Yadav, Advocate for Respondent No.2 – Society. ......…........... CORAM : MILIND N. JADHAV, J. RESERVED ON : SEPTEMBER 02, 2025. PRONOUNCEMENT ON : OCTOBER 15, 2025. JUDGEMENT: 1. Heard Mr. Nagar, learned Advocate for Petitioners, Mr. Mulla, learned AGP for Respondent No.1 – State and Mr. Yadav, learned Advocate for Respondent No.2 – Society. 2. The present Writ Petition assails the order dated 27.06.2024 passed in Revision Application Nos. 71 of 2020 and 72 of 2020 by the Divisional Joint Registrar of Co-operative Societies upholding the twin orders dated 16.12.2019 passed in Appeal Nos. 42 and 43 of 2019 by the Assistant Registrar. Petitioner No. 1 is a private limited company. Petitioner No. 2 is its Director. Petitioners are based in New Delhi. Petitioners have sought membership of Flat Nos. 38 and 39 in B wing of Respondent No. 2-Society. 1 of 20 903.WP.11251.2024.doc 3. Facts in the present Petition are qua the substantive right of Petitioners in the twin flats which date back to 2001 onward. Timeline in the present case is such that Petitioners have been deprived of their substantive right in the subject flats and therefore Court is required to step in. The relevant facts are as under:- (i) Both flats admittedly belonged to one Mr. Siraj Abdul Karim Mehtaji (erstwhile member of the Society). The said member admittedly stood as guarantor for