KAMAL DEEPAK PARDESHI v. THE STATE OF MAHARASHTRA THROU. MINISTRY OF CO-OP AFFAIRS AND ORS
WP/5231/2026 · 2026-09-28
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11872 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11872 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
22-WP5231-2026.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5231 OF 2026 Kamal Deepak Pardeshi ...Petitioner Versus The State Of Maharashtra Through Ministry Of Co-Op Affairs And Ors …Respondents Mr. Rajas Naik, a/w Sunny Pardeshi and Amruta Pardeshi, for the Petitioner. Dr. Druti Kapadia, AGP for the State. CORAM:
N. J. JAMADAR, J. DATED:
28th SEPTEMBER, 2026 PC:-
1. Heard the learned Counsel for the parties.
2. The challenge in this petition is to an order dated 22nd December, 2023 passed by the Competent Authority under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.
3. The petitioner claims to be a member of respondent No.3 Bhanu Co-operative Housing Society, in whose favour the Competent Authority has granted a certificate of Unilateral Deemed Conveyance. 1/2 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.09.29 14:57:05 +0530
22-WP5231-2026.DOC
4. The learned Counsel for the petitioner submitted that though the petitioner is a member of respondent No.3 – Bhanu Co-operative Housing Society, the name of the petitioner was not disclosed before the Competent Authority as one of the members of the Society.
5. The disputes sought to be raised by the petitioner are beyond the remit of the power of the Competent Authority. The petitioner being the member of respondent No.3 Bhanu Co- operative Housing Society has no independent right to challenge the order of the Deemed Conveyance. (Daman Singh & Others vs. State of Punjab and Others1). Thus, the challenge at the instance of the petitioner cannot be entertained.
6. The petition stands dismissed with liberty to the petitioner to work out the remedies as available in law against the respondent No.3 – Bhanu Co-operative Housing Society, before the appropriate forum.
[N. J. JAMADAR, J.] 1 (1985) 2 SCC 670. 2/2