10-wp-304-2026.odt rajshree IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.304 OF 2026 New Sujata Co-operative Housing Society ....Petitioner V/S MCGM & Ors. ....Respondents Mr.Ashutosh Thipsay a/w Prateek Pansare i/b Sandeep Karu for the Petitioner. Mr.Abhishek Rastogi a/w Mr.Sushant Valimbe, Ms.Pooja Rastogi, Ms.Meenal Songire, Ms.Aarya More and Ms.Diksha Pandey for Respondent No.4. Mr.Shailendra Sardar i/b Ms.Komal Punjabi for MCGM. CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ DATE : 22nd SEPTEMBER 2026 P.C. : 1 The Petition deserve disposal in the wake of the statement coming from the Municipal Corporation to the effect that the Architect of Respondent No.4 had submitted a proposal on 04/11/2020 for proposed change of user from ‘Residential’ to ‘Commercial’ alongwith addition, alteration and amalgamation of three flats on ground floor in building known as ‘Sujata CHS Ltd.’. It is informed by the learned counsel for the Corporation that the change of user from ‘Residential’ to ‘Commercial’ was 1/2 RAJSHREE KISHOR MORE Digitally signed by RAJSHREE KISHOR MORE Date: 2026.09.23 16:06:49 +0530 10-wp-304-2026.odt also approved and even the draft plans were approved in process flow for change of user. However, the learned counsel for the Petitioner is under instructions to make a statement that the proposal is withdrawn by the Architect on 21/01/2026. 2 In the wake of aforesaid, the grievance of the Petitioner no longer survive as what was challenged was the approval granted by the Corporation to the proposal of Respondent No.4 under Section 342 of the Maharashtra Co-operative Societies Act, 1960. As from the communication from the Assistant Engineer (Building & Proposal) K/West Ward, since the proposal presented by Respondent No.4 which was also processed itself is withdrawn by the Architect on 21/01/2026, no cause survives for the Petitioner to pursue. In the wake of above, Writ Petition is disposed of. However, we make it clear that in case of any further steps being taken by Respondent No.4 and approvals being granted by the Corporation, withdrawal of this Petition shall not stand in its way. [ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.] 2/2