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2026 DAILYLAW 16309 (BOM)

SHRI DATTARAM NARAYAN KENI AND ORS. v. THE STATE OF MAHARASHTRA AND ORS.

WP/7416/2016 · 2026-10-06

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sonali Mane 27-WP-7416-2016.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7416 OF 2016 Shri Dattaram Narayan Keni And Ors. … Petitioners Versus The State Of Maharashtra And Ors. … Respondents Mr. Omkar Khaiyam Shaikh a/w Mr. Sahil Salvi for Petitioners. Ms. S. R. Crasto, AGP for Respondent -State. Mr. D. R. Kawale, for Respondent No.4-BMC. CORAM : SANDEEP V. MARNE, J. DATE : 6 OCTOBER 2026. P.C. : 1) The Petition challenges Order dated 21 May 2014 passed by the District Deputy Registrar, Co-operative Society (II), Eastern Suburbs, Mumbai issuing certificate of unilateral deemed conveyance in respect of land admeasuring 2,816.17 sq.mtrs. in favour of Respondent No.2-Society. 2) I have heard Mr. Shaikh, the learned counsel appearing for Petitioners and have considered the submissions canvassed by him. 3) Petitioners claim to be the legal heirs of the original landowner, who had executed Development Agreement in favour of ___Page No. 1 of 2 ___ 6 October, 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.10.08 11:15:04 +0530 Sonali Mane 27-WP-7416-2016.docx Respondent No.3. It is the contention of the Petitioners that there are certain receivables due from Respondent No.3. If that is the case, Petitioners would be free to institute appropriate proceedings against Respondent No.3 for recovery of amounts due. Mere pendency of claim of landowners against a developer cannot be a reason for indefinitely delaying the conveyance of land and building in favour of the society. 4) In my view, therefore, no interference is warranted in the impugned order passed by the Competent Authority. Reserving the liberty for the Petitioners to initiate appropriate proceedings against Respondent No.3, the Writ Petition is disposed of. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 6 October, 2026