35. WP 786-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.786 OF 2024 WITH INTERIM APPLICATION (L) NO.18708 OF 2026 Ashok R. Dudwadkar … Petitioner Versus State of Maharashtra Through Government Pleader and Ors. … Respondents ….. Mr. Aseem Naphade a/w Mr. Haamid Ahmed for the Petitioner/Applicant. Smt. Jyoti Chavan, Addl. G.P. a/w Smt. Gauri Sawant, A.G.P. for Respondent No.1-State. Ms. Yashi Bhatt i/b Ravleen Sabharwal for the Respondent-S.R.A. Ms. Jyoti Mhatre i/b Adv. Komal Punjabi for Respondent No.3. ….. CORAM: M.S. KARNIK & SANDESH D. PATIL, JJ. DATED : 16th SEPTEMBER 2026 P.C. 1. The learned Counsel for the Petitioner has pointed out that after filing of the Petition, there have been subsequent developments. This Petition was filed for quashing the notice dated 28th August 2023 under Sections 89 & 90 of the Maharashtra Regional and Town Planning Act, 1966. Thereafter, the Petitioner was declared eligible RaJesh Chittewan, PS 1/4 35. WP 786-2024.doc under Annexure No.193 on 8th July, 2005. The Petitioner was allotted Flat No.2108 in Bhagwandas Shriram CHS Prabhadevi. Thereafter the Petitioner for confirmation of the same, had applied through RTI on 17th July, 2025, for getting the details of the allotted premises to him. By Reply dated 23rd July, 2025, the S.R.A. had confirmed that the Petitioner was allotted Flat No.2108 in ‘B’ Wing, Floor No.21, Rehab Building No.01, Bhagwandas Shriram CHS Prabhadevi, Mumbai-400 025. 2. It is the grievance of the Petitioner that the developer is not handing over the rehab unit and is pressurizing the Petitioner to withdraw Writ Petition No.699 of 2024, filed by his son for commercial unit and thereafter the developer will handover the rehab unit to the Petitioner. 3. As a result of the subsequent development, the notice issued by the S.R.A. to the developer has culminated into an Order dated 22nd June, 2026, passed by the Assistant Registrar, S.R.A. Accordingly, the S.R.A. had directed the Executive Engineer to ensure that the Petitioner is put in possession of Flat No.2108. The copy of the communication dated 22nd June, 2026, is taken on record and RaJesh Chittewan, PS 2/4 35. WP 786-2024.doc marked as ‘X’ for identification. 4. In such view of the matter, nothing survives for further consideration in the present Petition, as it is now for the Executive Engineer, G/North Ward, S.R.A., to take appropriate action and ensure that the Petitioner is put in possession. 5. We have requested the learned Counsel for the S.R.A. to appear and assist this Court. Though the learned Counsel for the S.R.A. submitted that she needs some time to obtain instructions, considering that the S.R.A. must comply with its own order, we do not find it necessary to grant time to the learned Counsel for the S.R.A. to obtain instructions. 6. The S.R.A. to ensure that a communication dated 22nd June, 2026, which is placed on record and marked as ‘X’ for identification, should be implemented and ensure that the Petitioner is put in possession of Flat No.2108, expeditiously, and in any case, within a period of six weeks from the date of communication of this Order, subject to there being any legal impediments. 7. The Writ Petition is disposed of. RaJesh Chittewan, PS 3/4 35. WP 786-2024.doc 8. In view of disposal of the Writ Petition, nothing further survives for consideration in Interim Application (L) No.18708 of 2026 and the same also stands disposed of. (SANDESH D. PATIL, J.) (M.S. KARNIK, J.) RaJesh Chittewan, PS 4/4 RAJESH VASANT CHITTEWAN Digitally signed by RAJESH VASANT CHITTEWAN Date: 2026.09.17 18:37:13 +0530