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2026 DAILYLAW 21442 (BOM)

BALLALESHWAR CO-OPERATIVE HOUSING SOCIETY v. M/S. PRADNYA BUILDERS AND DEVELOPERS AND ORS

WP/15055/2022 · 2026-01-13

Shri Milind N Jadhav

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5.WP.15055.2022.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15055 OF 2022 Ballaleshwar Co-operative Housing Society .. Petitioner Versus M/s. Pradnya Builders and Developers and Ors. .. Respondents ....................  Mr. Amey Deshpande a/w. Mr. Ajit Mandlik and Ms. Vandana Bait, Advocates for Petitioner.  Mr. Ram Apte, Senior Advocate a/w. Mr. Mayur S. Kadam and Mr. Harshal P. Nahata, Advocates for Respondent Nos.1 and 2.  Ms. Kavita Pawar and Mr. Yogesh Hirgude, Advocates for Respondent Nos.3, 6 to 10b.  Mr. P.P. More, AGP for the State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 13, 2026. P.C.: 1. Heard Mr. Deshpande, learned Advocate for Petitioner; Mr. Apte, learned Senior Advocate for Respondent Nos.1 and 2; Ms. Pawar, learned Advocate for Respondent Nos.3, 6 to 10b and Mr. More, learned AGP for the State. 2. In view of the order passed by this Court (Coram: Sandeep V. Marne, J.) dated 25.09.2023 and the observations made in paragraph No.1 thereto, it is prima facie seen that the certificate issued by the Architect of the Society has not been considered by the Competent Authority. In that view of the matter, the impugned order dated 14.06.2022 is prima facie not sustainable and is set aside. On being specifically asked, Mr. Apte concedes to the above position and 1 of 2 5.WP.15055.2022.doc the previous order passed by this Court. 3. Needless to state that all contentions of the Developer with respect to Architect Certificate given by the Developer and the Society will both be considered by the Competent Authority and all contentions of the parties are expressly kept open. 4. The exercise that is directed to be carried out by the Competent Authority shall be in strict consonance with the guidelines in the Circular dated 22.06.2018 issued by the State Government which ought to be followed. 5. Parties are at liberty to file additional pleadings before the Competent Authority which shall be filed within a period of four weeks from today. 6. Competent Authority is directed by this Court to dispose of the Deemed Conveyance Application filed by the Society after hearing all concerned parties thereto within a period of four (4) months thereafter. 7. Competent Authority is directed to pass a reasoned speaking order on the Deemed Conveyance Application of the Society after hearing all parties. 8. Writ Petition is disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 2 of 2 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.01.13 18:42:08 +0530