JAY ANAND CO-OPERATIVE HOUSING SOCIETY LTD. vs STATE OF MAHARASHTRA AND 6 ORS.

Judgment text excerpt

wp-478-2020-2936-2022-35195-2022.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 478 OF 2020 JITENDRA SHANKAR Jay Anand Co.operative Housing Society …Petitioner NIJASURE Digitally signed by JITENDRA SHANKAR NIJASURE Ltd. Date: 2026.01.30 18:38:16 +0530 Versus State of Maharashtra & Ors. …Respondents WITH WRIT PETITION NO. 2936 OF 2022 WITH CONTEMPT PETITION (L) NO. 35195 OF 2022 WITH INTERIM APPLICATION NO. 1953 OF 2021 IN WRIT PETITION NO. 2936 OF 2022 ---------- Mr. Pravin Samdhani, Senior Counsel a/w Mr. Mayur Khandeparkar i/by Mehul Shah, Mr. Yatin Khochare and Mr. Abhishek Nikharge for the Petitioner. Ms. Uma PalsuleDesai, AGP for the Respondent No. 1 in WP/478/20. Ms. Gaurangi Patil, AGP for the Respondent No. 1 in WP/2936/22. Dr. Virendra Tulzapurkar, Senior Counsel a/w Mr. Akshay Deshmukh, Mr. Sanket Kadam, Mr. Sumit Chaudhary for the Respondent Nos. 3 to 5 in WP/2936/22 and for the Respondent Nos. 4 to 6 in WP/478/20. ---------- 1/49 wp-478-2020-2936-2022-35195-2022.doc CORAM : R.I. CHAGLA J. Reserved on : 19TH SEPTEMBER, 2025. Pronounced on : 30TH JANUARY, 2026. J U D G M E N T:- 1. The above Writ Petitions along with the Contempt Petition were heard together as they are between the same parties as well as concerning common issues. 2. The Writ Petition No.478 of 2020 impugns the Order dated 3rd November, 2018 passed by Respondent No.3 by which the Petitioner – Society has been bifurcated under Section 18(1) read with Section 17 of the Maharashtra Co-Operative Societies Act, 1960 (“MCS Act”). The Writ Petition No.2936 of 2022 impugns Order dated 5th November, 2020 passed by Respondent No.3 by which the Respondent No.3 has granted Deemed Conveyance in favour of Jay Anand Bungalow Co-Operative Housing Socie