All Writ Petition (Civil)

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10881 OF 2014 Shri. Ganesh Keshav Jog (since Decd) Through Lrs ....Petitioner V/S The Divisional Commissioner, Pune Division, Pune And Ors ....Respondent WITH WRIT PETITION NO. 10937 OF 2015 Shri Bajirao Kisan Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6301 OF 2015 Shankarrao Govindrao Rananavare ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 6302 OF 2015 Govindrao Shankarrao Rananavare (since Decd) Through Lrs. ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 6303 OF 2015 Ganpatrao Govindrao Rananavare ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 11843 OF 2015 Shri. Kisan Vishram Kad ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 11844 OF 2015 Smt. Droupadabai Uttam Shelke And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 9233 OF 2014 Shri Kantaram Bhausaheb Kad And Ors ....Petitioner V/S The State Of Maharashtra Through Its Urban Development Department And Ors ....Respondent WITH WRIT PETITION NO. 12580 OF 2015 Shri Gangaram Bhiku Daundkar Through Poa Holder Shankar Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 12588 OF 2015 Shri Maruti Ganpat Amle Through Poa, Shri Ashok Kad And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6205 OF 2015 Shri. Gulab Shankar Mhaske And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1027 OF 2016 Shri Baban Rambhau Mohite Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1028 OF 2016 Shri Rajaram Ananda Mohite And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1030 OF 2016 Shri Balasaheb Bhau Jadhav And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2786 OF 2016 Shri. Laxman Gajanan Mohite And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 2788 OF 2016 Shri Gorakh Vasant Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2785 OF 2016 Shri Sukhdeo Murha Darekar ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2790 OF 2016 Shri Rambhau Baban Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2784 OF 2016 Shri Sitaram Sopana Darekar ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2787 OF 2016 Shri Devchand Laxman Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2789 OF 2016 Shri Namdeo Sakharam Darekar And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 11228 OF 2016 Shri. Mohan Baban Palande Petitioner V/S The State Of Maharashtra Through The Respondent Secretary And Ors. WITH WRIT PETITION NO. 11224 OF 2016 Shri. Madhukar Balwant Palande And Ors ....Petitioner V/S The State Of Maharashtra Through Secretary And Ors ....Respondent WITH WRIT PETITION NO. 11225 OF 2016 Shri. Sudam Ramrao Palande Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 11231 OF 2016 Geetabai Vasant Palande ....Petitioner V/S The State Of Maharashtra Through The Secretary, Dept. Of Relief And Rehabilitation And Ors. ....Respondent WITH WRIT PETITION NO. 11229 OF 2016 Narshing Narayan Palande Petitioner V/S The State Of Maharashtra Through Secretary Respondent And Ors WITH WRIT PETITION NO. 14209 OF 2016 Chandrakant Alias Kaluram Sadashiv Mutke ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION STAMP NO. 13466 OF 2017 Shri. Bhairu Namdev Darekar And Ors. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 6369 OF 2015 Bandu Laxman Salgar (since Decd) Through Lrs. Ganpati B. Salgar (since Decd) Lrs. Jaysing G. Salgar ....Petitioner V/S The Collector, Kolhapur District And Ors. ....Respondent WITH WRIT PETITION NO. 3554 OF 2016 Shri Bhagwan Genu Argade And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 11659 OF 2014 Shri. Bapu Balu Dhangar (bandgar) (since Decd) Through Lrs. ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 8130 OF 2016 Ganpati Kedari Borage (decd) Through Lrs. ....Petitioner V/S Collector And Deputy Director For Rehabilitation And Ors ....Respondent WITH WRIT PETITION NO. 9774 OF 2015 Anandrao Laxman Thorat And Ors Petitioner V/S State Of Maharashtra And Ors Respondent WITH WRIT PETITION NO. 4804 OF 2015 Hari Ganpat Madne And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent Manoj Patil i/b Suman Yashavant Lengare For Petitioner A B Vagyani Government Pleader Writ Cell R.no. 1 To 5, 7 And 8 Vijay Dinkarrao Patil R.no. 6 . Pallavi Potnis R.no. 12a, 12b, 12d And 12e ,13 CORAM : THE CHIEF JUSTICE & N.M. JAMDAR, JJ DATE : 25th July, 2017 P.C. : Stand over to 31/7/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10881 OF 2014 Shri. Ganesh Keshav Jog (since Decd) Through Lrs ....Petitioner V/S The Divisional Commissioner, Pune Division, Pune And Ors ....Respondent WITH WRIT PETITION NO. 10937 OF 2015 Shri Bajirao Kisan Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 11843 OF 2015 Shri. Kisan Vishram Kad ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 11844 OF 2015 Smt. Droupadabai Uttam Shelke And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 9233 OF 2014 WITH WRIT PETITION NO. 12580 OF 2015 Shri Gangaram Bhiku Daundkar Through Poa Holder Shankar Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 12588 OF 2015 Shri Maruti Ganpat Amle Through Poa, Shri Ashok Kad And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6205 OF 2015 Shri. Gulab Shankar Mhaske And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1027 OF 2016 Shri Baban Rambhau Mohite Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1028 OF 2016 Shri Rajaram Ananda Mohite And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1030 OF 2016 Shri Balasaheb Bhau Jadhav And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2786 OF 2016 Shri. Laxman Gajanan Mohite And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent WITH WRIT PETITION NO. 2788 OF 2016 Shri Gorakh Vasant Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2785 OF 2016 Shri Sukhdeo Murha Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2790 OF 2016 Shri Rambhau Baban Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2784 OF 2016 Shri Sitaram Sopana Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2787 OF 2016 Shri Devchand Laxman Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2789 OF 2016 Shri Namdeo Sakharam Darekar And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION STAMP NO. 13466 OF 2017 Shri. Bhairu Namdev Darekar And Ors. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 3554 OF 2016 Shri Bhagwan Genu Argade And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent Manoj Patil i/b Mrs Suman Yashavant Lengare For Petitioner AB VagyaniGovernment Pleader with P G Sawant,AGP with Ms G R Golatkar Asst AGP for State 1 To 5, 7 And 8 Vijay Dinkarrao Patil R.no. 6 Pallavi Potnis R.no. 13 Pallavi Potnis R.no. 12a, 12b, 12d And 12e For Respondent CORAM : THE CHIEF JUSTICE & N.M. JAMDAR, JJ DATE : 11th September, 2017 P.C. : Stand over to 25/09/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10881 OF 2014 Shri. Ganesh Keshav Jog (since Decd) Through Lrs ....Petitioner V/S The Divisional Commissioner, Pune Division, Pune And Ors ....Respondent WITH WRIT PETITION NO. 10937 OF 2015 Shri Bajirao Kisan Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 11843 OF 2015 Shri. Kisan Vishram Kad ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 11844 OF 2015 Smt. Droupadabai Uttam Shelke And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 9233 OF 2014 WITH WRIT PETITION NO. 12580 OF 2015 Shri Gangaram Bhiku Daundkar Through Poa Holder Shankar Daundkar And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 12588 OF 2015 Shri Maruti Ganpat Amle Through Poa, Shri Ashok Kad And Ors ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6205 OF 2015 Shri. Gulab Shankar Mhaske And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1027 OF 2016 Shri Baban Rambhau Mohite Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 1028 OF 2016 Shri Rajaram Ananda Mohite And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 1030 OF 2016 Shri Balasaheb Bhau Jadhav And Ors. Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2786 OF 2016 Shri. Laxman Gajanan Mohite And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent WITH WRIT PETITION NO. 2788 OF 2016 Shri Gorakh Vasant Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2785 OF 2016 Shri Sukhdeo Murha Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2790 OF 2016 Shri Rambhau Baban Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2784 OF 2016 Shri Sitaram Sopana Darekar Petitioner V/S The State Of Maharashtra And Ors. Respondent WITH WRIT PETITION NO. 2787 OF 2016 Shri Devchand Laxman Hargude ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION NO. 2789 OF 2016 Shri Namdeo Sakharam Darekar And Ors. ....Petitioner V/S The State Of Maharashtra And Ors. ....Respondent WITH WRIT PETITION STAMP NO. 13466 OF 2017 Shri. Bhairu Namdev Darekar And Ors. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 3554 OF 2016 Shri Bhagwan Genu Argade And Ors Petitioner V/S The State Of Maharashtra And Ors Respondent R S Apte,Sr,Counsel with Manoj Patil i/b Mrs Suman Yashavant Lengare For Petitioner A B Vagyani Government Pleader with P G Sawant AGP with G R Golatkar & R S Sawant AAgP for R.no. 1 To 5, 7 And 8 Vijay Dinkarrao Patil R.no. 6 Pallavi Potnis R.no. 13 Pallavi Potnis R.no. 12a, 12b, 12d And 12e For Respondent CORAM : THE CHIEF JUSTICE & N.M. JAMDAR, JJ DATE : 25th September, 2017 P.C. : Stand over to 26/09/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: Sequeira IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11659 OF 2014 Mr.Bapu Balu Dhangar - (since deceased) Through LRs. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11225 OF 2016 Mr.Sudam Ramrao Palande. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11224 OF 2016 Mr.Madhukar Balwant Palande and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 8130 OF 2016 Mr.Ganpati Kedari Borage (Decd) Through LRs. … Petitioners. V/s. Collector and Deputy Director for Rehabilitation and others. … Respondents. Along with WRIT PETITION NO. 6303 OF 2015 Mr.Ganpatrao Govindrao Rananavare. … Petitioners. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 6369 OF 2015 Mr.Bandu Laxman Salgar (since decd) Through LRs. … Petitioners. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 6301 OF 2015 Mr.Shankarrao Govindrao Rananavare. … Petitioner. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 6302 OF 2015 Mr.Govindrao Shankarrao Rananavare (since decd) through LRs. … Petitioners. V/s. The Collector, Kolhapur District and others. … Respondents. Along with WRIT PETITION NO. 4804 OF 2015 Mr.Hari Ganpat Madne and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11229 OF 2016 Mr.Narshing Narayan Palande. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 11228 OF 2016 Along with WRIT PETITION NO. 14209 OF 2016 Mr.Chandrakant alias Kaluram Sadashiv Mutke. … Petitioner. V/s. The State of Maharashtra and others. … Respondents. Along with CIVIL APPLICATION NO. 295 OF 2017 in WRIT PETITION NO. 14209 OF 2016 Mr.Aba Yashwant Deshmukh … Applicant. V/s. Mr.Chandrakant @ Kaluram Sadashiv Mutke. … Respondent. Along with WRIT PETITION NO. 9774 OF 2015 Mr.Anandrao Laxman Thorat and others. … Petitioners. V/s. State of Maharashtra and others. … Respondents. Along with WRIT PETITION (Stamp) NO. 13466 OF 2017 Mr.Bhairu Namdeo Darekar and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. Along with WRIT PETITION NO. 3554 OF 2016 Mr.Bhagwan Genu Argade and others. … Petitioners. V/s. The State of Maharashtra and others. … Respondents. 3 sr.2 WP 11659-14 wt group....doc Mr.Sanjeev Kadam for the Petitioner in WP No.11659/2014. Mr.Vishwanath Talkute for Petitioners in WP No.4804 /2015. Mr.Vivek Salunkhe, for Petitioners in W.P. Nos.6301/2015, 6302/2016, 6303/2016 and 6369/2015. Mr.S.R.Nargolkar i/b Mr.Swapnil Mohite, for Petitioners in W.P. Nos.11224/2016, 11225/2016, 11228/2016, 11229/2016 and 11231/2016. Mr.S.R.Nargolkar i/b Mr.Omkar Amberkar, for the Petitioner in W.P. No.14209/2016. Mr.A.B.Vagyani – GP a/w Mr.P.G.Sawant – AGP a/w Ms.Geetanjali Golatkar – AAGP and Mr.Rohan Sawant – AAGP, for the State. Mr.P.D.Dalvi for Respondent Nos.5, 6A to 6D in in WP No.11659 / 2014. Mr.Manoj Patil i/b Ms.Suman Lengare, for Respondent Nos.7 and 8 in W P No.4804/2015. CORAM : DR. MANJULA CHELLUR, C.J. & N.M. JAMDAR, J. DATE : OCTOBER 3, 2017. P.C. :- In this group of matters, since a common question of law arises, identical facts are involved and the reliefs claimed is the same, by consent of learned counsel for the parties, the Petitions are disposed of by this common order. The learned counsel for the parties have also advanced common submissions. The Petitioners have filed the Petitions under Article 226 of Constitution of India seeking relief under section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('Act of 2013'). They seek a declaration that acquisition proceedings have lapsed. The lands involved in these Petitions have been acquired under the Land Acquisition Act, 1894 for the resettlement of project affected persons. The resettlement of project affected persons is carried out under the provisions of Maharashtra Project Affected Persons Rehabilitation Act 1999. Notifications under section 4 of the Land Acquisition Act, 1894 were issued, thereafter followed by declaration under section 6 of the Land Acquisition Act, Awards in all these proceedings were declared five years prior to 1 January 2014. Since relief is sought under section 24(2) of the Act of 2013, it will be necessary to reproduce the said section for ready reference- Section 24(2) of the Act of 2013 reads thus :- "24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases- (1) ….......... (2) Notwithstanding anything contained in subsection (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act; Provided that where an award has been made and compensation in respect of a majority of landholdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under Section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act." Thus, three parameters are indicated in Section 24(2) of the Act of 2013. First, the award should be published five years prior to the date of commencement of the Act, which date is 1 January 2014. Second, the physical possession of the land is not taken. Third, the compensation is not paid. In all the Petitions, the State has asserted that State has taken possession of the lands in question. In some cases the State has placed on record that possession has been handed over to project affected persons. The Petitioners dispute this position. It is not possible for us to decide this contested factual issue of possession in these Petitions. However, in the case of Santosh Dnyaneshwar Aher v/s. State of Maharashtra Through its Secretary & Ors. 1 Division Bench of this Court has taken a view that for application of Section 24(2) of the Act of 2013, it is enough that either of the contingencies exist. That is, the possession of the land is not taken or compensation is not paid. This position is amply made clear by the Apex Court in the 1 . Writ Petition No. 3238 of 2015 dtd 17/01/2017 case of Delhi Development Authority v/s. Sukhbir Singh and Ors. 2 . In all these proceedings, the State has either filed affidavits or has placed a chart on record which has been counter signed by the learned Additional Government Pleader. These documents show that the compensation has not been paid to the Petitioners and the same is deposited in Personal Ledger Account or Revenue Account. It is an admitted position that in none of these petitions, compensation has been deposited in the court where reference under section 18 of Land Acquisition Act will lie. The aspect of compensation as regards Section 24(2) of Act of 2013 has been dealt by the Apex Court in the cases of Pune Municipal Corporation and Anr. v/s. Harakchand Misirimal Solanki and Ors. 3 and Delhi Development Authority v/s. Sukhbir Singh and Ors. The Apex Court analyzed the provision of Section 24 of the Act of 2013 and Section 31 of the Act of 1894. It was held that Section 31(2) of the Act of 1894, which envisages deposit of compensation in the Court, is a mandatory provision. As per Section 31(2) of the Act of 1894, if the compensation is not accepted or collected by the Claimant, the compensation has to be deposited by the Collector in the Court where the reference can be made under Section 18 of the Act of 1894. The Apex Court construed the phrase "compensation has not been paid " occurring in Section 24(2) of the 2 . AIR 2016 SCC 4275. 3. 2014(4) Mh. L.J.566 Act of 2013 as being "paid" as per Section 31(2) of the Act of 1894. The Apex Court laid down that if the compensation is not paid as per Section 31(2) of the Act of 1894, then Section 24(2) of the Act of 2013 is attracted and consequences of lapsing of acquisition contemplated under Section 24(2) of the Act of 2013, will ensue. This view has been followed in subsequent decisions by the Apex Court and the Division Benches of this Court. In the result, the contention of the Petitioners that the land acquisition proceedings have lapsed since the compensation is not paid as per Section 24(2) of the Act of 2013, will have to be upheld. Accordingly, Writ petitions are allowed holding that the Land Acquisition proceedings in respect of the lands in question have lapsed by virtue of section 24(2) of the Act of 2013. Writ Petitions are disposed of in above terms. No order as to costs. N.M. JAMDAR, J. CHIEF JUSTICE

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 245 OF 2018 Viraj Anand Ubale Indian Inhabitant, Aged – 15years, through his Legal Guardian/Father, Anand Ubale Residing at 510/5, Riddhi Siddhi Apartments, Papnas Wadi Lane, Agast Kranti Marg, Mumbai 400 036. ...Petitioner Vs. 1. Swapna Pradeep Salunkhe Indian inhabitant, Aged – 35 years, residing at 807/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, Agast Kranti Marg, Mumbai 400 036. The State of Maharashtra through the Senior Police Inspector of Gamdevi Police Station, Mumbai ...Respondents Ms. Anandini Fernandes i/by Deepal A. Thakkar, Advocate for the petitioner. …........ Mr. Rajesh R. Shah, Advocate for respondent No.1. Mrs. G.P. Mulekar, A.P.P. State. …........ WITH WRIT PETITION NO. 246 OF 2018 Pradeep Kashinath Salunkhe Indian Inhabitant, Aged – 43 years, residing at 807/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. Mrs. Swapna Pradeep Salunkhe Indian Inhabitant, Aged – 35 years, residing at 807/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. Dipak Prakash Patil Indian Inhabitant, Aged – 33 years, residing at 503/5, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. Suresh Ramchandra Panwalkar Indian Inhabitant, Aged – 48 years, residing at 810/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. ...Petitioners Vs. Viraj Anand Ubale Indian Inhabitant, Minor, Aged – 15years, through his Legal Guardian/Father Anand Ubale Residing at 510/5, (9) & (10) WP 245-18 & 246-18.doc Riddhi Siddhi Apartments, Papnas Wadi Lane, Agast Kranti Marg, Mumbai 400 036. The State of Maharashtra (Through the Senior Police Inspector of Gamdevi Police Station. Mr. Rajesh R. Shah, Advocate for the petitioners. Ms. Anandini Fernandes i/by Deepal A. Thakkar, Advocate for respondent No.1. …........ Mrs. G.P. Mulekar, A.P.P. State. …........ CORAM : SMT. V.K. TAHILRAMANI ACTING C.J. AND M.S.KARNIK, J. DATE : 23rd JANUARY, 2018. ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, A.C.J.) : Rule. Rule is made returnable forthwith and the matter is heard finally by consent of parties. In Writ Petition No. 245 of 2018 the petitioner, who is 15 years old, through his legal guardian is seeking quashing of C.R.No. 226 of 2016 which is numbered as C.C.No. 256/JW/2017 pending before the Juvenile Justice Board, Dongari, Mumbai. The said case is under Sections 354(A) (1) and 509 of the Indian Penal Code and Section 12 of Protection of Children from Sexual Offences Act, 2012. In the said case Smt. Swapna Salunkhe, who is the mother of the victim girl, has lodged the said FIR wherein it is stated that the petitioner caught hold of the hand of her daughter in the lift and told her that he loves her. In Writ Petition No. 246 of 2018, the petitioner No.1 is Pradeep Salunkhe who is the father of the victim girl in C.R.No.226 of 2016. Petitioner No.1 is the husband of petitioner No.2 Smt. Swapna Salunkhe who is the complainant in C.R.No. 226 of 2016. Petitioner No.3 and petitioner No.4 are the neighbours of Smt. Swapna Salunkhe. The petitioners in Writ Petition No. 246 of 2018 are seeking quashing of C.R.No. 225 of 2016 of Gamdevi Police Station, Mumbai. The said case is numbered as SCST Case No.6 of 2017 and it is pending before the Sessions Court, Mumbai. The said case is under Sections 323, 504, 506 read with 34 of the Indian Penal Code and Sections 3(1) (r) and 3 (1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This FIR has been lodged by the petitioner in Writ Petition No. 245 of 2018 against the petitioner Nos. 1 to 4 in Writ Petition No. 246 of 2018. Heard learned Counsel for the petitioner in Writ Petition No. 245 of 2018, learned Counsel for the petitioners in Writ Petition No. 246 of 2018, learned Counsel for the complainant in both the matters and the learned APP for the State. The accused persons in both the petitions are present before the Court. So also, the complainant in both the matters are present before the Court. Learned Counsel for the respondent/original complainant in both the petitions stated that the cases are cross cases and the matter has been amicably settled between the parties. They have stated that with the help of well wishers and common friends both parties have arrived at an amicable settlement and have resolved all the disputes between them and they have stated that they do not wish to pursue their complaints and the complaints may be quashed. Looking to the fact that the matter has been amicably settled between the parties and looking to the fact that the complainants in both the cases do not want to pursue the case, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, C.R.No. 226 of 2016 and C.R.No. 225 of 2016 and the proceedings relating thereto are quashed. The Writ Petitions are disposed of in above terms. Rule is made absolute in above terms. (M.S.KARNIK, J.) (ACTING CHIEF JUSTICE)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4736 OF 2004 Hindustan Petroleum Corporation Limited. ... ... .... ... Petitioner. Versus Manny C. D'Mello & Ors. ... ... Respondents. Mr. M. D. Sidia with Ms. D. S. Retiwala i/by Rustamji & Ginwala for the Petitioner. Mr. Hitesh Jain for Respondent No.1. CORAM : S. A. BOBDE, J. DATED : 29TH APRIL, 2005. P.C.: Rule. Having regard to the dealership agreement dated 12th March, 1999 between the petitioner and the respondent No.1, it is clear that the respondent No.1 was inducted into the premises as dealer vide clause 2 for the purposes mentioned therein. The Petitioner itself is a Lessee of the property leased out to it by the Natu family. Clearly, this is a dispute arising out of the dealership agreement vide clause 2 thereof and is within the scope of Clause 66 which is the arbitration clause. Having regard to the admitted position that the arbitration clause has been invoked by the respondent No.1, prima facie case is made out for interim stay of the impugned order passed in a suit filed by the Respondents. Prima facie, there is no substance in the contention of the learned Counsel for the respondent No.1 that the dispute between the petitioner and the respondent No.1 is a dispute between the landlord and tenant and therefore, the suit is maintainable. Even the appellate court has observed that the respondent was inducted by the predecessor in interest of the petitioner i.e. M/s. Caltex India Limited. The Respondent No.1 has himself pleaded that he has been inducted by M/s. Caltex India Limited as a dealer, vide para 4 of the plaint. There is no cogent and reliable evidence at this stage to suggest that the respondents were inducted by the Lessor of the property in question i.e. Natu family, who is the landlord of the petitioner, Hindustan Petroleum Corporation Limited. Hence, there shall be ad-interim order in terms of prayer clause (c), which reads thus: (c) that pending hearing and final disposal of this petition, the impugned judgment dated 11th February, 2003 be stayed. Learned Counsel for the petitioner requests for stay of this interim order. Prayer is rejected. Sd/- (S. A. BOBDE, J. )

Order - Status 5: 924 wp 1885.16.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1885 OF 2016 M/s. N. F. Construction … Petitioner Vs State of Maharashtra. ... Respondent Mr. Subhas Jha a/w Mr. S. A. Vaidya i/b. M/s. Law Global Advocates for the Petitioner. Mr. H. J. Dedhia, APP for State. … CORAM : B. R. GAVAI & DR. SHALINI PHANSALKARJOSHI, JJ. DATE : 25 MAY, 2016 VACATION COURT P.C. : Issue notice returnable on 8th June 2016. (DR. SHALINI PHANSALKARJOSHI, J.) (B. R. GAVAI, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1885 OF 2016 WITH CRIMINAL WRIT PETITION NO. 1886 OF 2016 WITH CRIMINAL WRIT PETITION NO. 1887 OF 2016 WITH CRIMINAL WRIT PETITION NO. 1888 OF 2016 Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders …... Mr. Subhash Jha i/b. M/s. Law Global, Advocate for the Petitioner. Mr. D.P. Adsule, APP for the Respondent – State in W.P.1885 and 1888 of 2016. Mr. K. V. Saste, APP in W.P. No.1886 of 2016. Mr. J. P. Yagnik, APP in W.P. No.1887 of 2016. …... CORAM : NARESH H. PATIL AND P.D. NAIK, JJ. DATED : JUNE 8, 2016. P.C. : The learned counsel Mr.Jha appearing for the petitioner seeks leave to withdraw these petitions with liberty. Leave is granted. Petitions are disposed of as withdrawn with liberty as prayed for. (P.D. NAIK, J.) (NARESH H. PATIL, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8514/2018 Prashanti CHS Ltd. … Petitioner V/s. District Dy. Registrar of Cooperative Society & Ors. … Respondents Mr. Zain Mookhi a/w. Ms. Palak Patel & Ms. Janhavi Doshi i/b. Mansukhlal Hiralal & Co. for the Petitioner CORAM: K.K. TATED & S. K. SHINDE, JJ. DATED : OCTOBER 4, 2018 P.C. : 1 Heard. By this petition under Article 226 and 227 of the Constitution of India the Petitioner challenges the order dated 31.05.2016 passed by the learned District Dy. Registrar, Cooperative Societies, Mumbai – 4, the competent authority u/s.5A of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act,1963 rejecting the Petitioner's Application for deemed conveyance. 2 Hence, office to verify and place the matter before appropriate Bench. (S. K. SHINDE, J.) ( K. K. TATED, J. ) Basavraj Gurappa Patil Digitally signed by Basavraj Gurappa Patil Date: 2018.10.06 13:23:16 +0530 Basavraj G. Patil 1/1

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8514 OF 2018 Prashanti CoOp. Hsg. Society Ltd. … Petitioner V/s. District Deputy Registrar of Coop. Society & Ors. … Respondents Mr. Zain Mookhi a/w Ms. Palak Patel and Ms. Janhavi Doshi for the Petitioner. Mr. S.D. Rayrikar, A.G.P. for Respondent No.1 State. CORAM : V.L. ACHLIYA, J. DATE : 13th FEBRUARY, 2019. P.C. : Upon hearing the learned Counsel for the Petitioner, issue notice to the Respondents, returnable on 13.03.2019. Learned A.G.P. waives the notice for Respondent No.1. In addition the service through the process of Court, the Petitioner is granted liberty to serve the Respondents by all other modes of service as permissible in law. Parties are put to notice that Petition may be heard finally at the stage of admission. (V.L. ACHLIYA, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8514 OF 2018 Prashanti Cooperative Housing Society Limited .....Petitioner V/s. District Deputy Registrar of Cooperative .....Respondents Society and others Mr. Zain M. a/w Ms. Janhavi Doshi i/b Mansukhlal H. & Co. for the Petitioner Mr. Sandeep Maurya for Respondent no. 6 Mr. Rajesh A. Kanojia for Respondent nos. 2 to 5 CORAM : S. S. SHINDE, J. DATE : MARCH 13, 2019. P.C. The learned counsel appearing for Respondents seek three weeks time so as to enable them to file reply. 2 Time is granted as prayed for. Stand over to 08/04/2019. Needless to observe that copy of the reply be served upon the learned counsel for the Petitioner in advance. [S. S. SHINDE, J.]

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8514 OF 2018 Prashanti Co-operative Housing Society Limited ….. Petitioner VERSUS District Deputy Registrar of Cooperative Society & Ors. ….. Respondents Mr.Zain Mookhi, i/b. Mansukhlal Hiralal & Company for the Petitioner. Mr.S.D.Rayrikar, A.G.P. for the Respondent no.1. Ms.Krishna Borkate, i/b. Mr.R.A.Kanojia for the Respondent nos. 3 to 5. Mr.Sandeep Maurya for the Respondent no.6. CORAM : S.S. SHINDE, J. DATE : th APRIL, 2019 8 P.C . Learned counsel appearing for the respondent nos. 3 to 5 by way of last opportunity prays for time till 22nd April,2019 for filing reply. Time granted as prayed for as last opportunity. A copy of the reply shall be served in advance upon the learned counsel appearing for the petitioner. List the writ petition on board on 26th April,2019. [S.S.SHINDE, J.]

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8514 OF 2018 Prashanti Co-operative Housing Society Limited ....Petitioner V/S District Deputy Registrar Of Cooperative Society ....Respondent And Ors CORAM : S.S. SHINDE, J DATE : 26th April, 2019 P.C. : Due to paucity of time the matter is adjourned for 19.07.2019. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 16: 44-WP-8514-18.DOC Sayali Upasani IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.- 8514 OF 2018 Prashanti Co-Op Hsg. Soc. Ltd ...Petitioner Vs. District Deputy Registrar of Co-op Soc. And Others ...Respondents Ms. Sayali Puri i/b Mansukhlal Hiralal and Co., for Petitioner. Mr. Sandeep Maurya, for Respondent No. 6. Mr. Rajesh Parwani, for Respondent Nos. 2 to 5. Mr. S. H. Kankale, AGP for State. CORAM:- N. J. JAMADAR, J. DATED:- 3rd JULY, 2023 PC:- Heard the learned Counsel for the parties. Mr. Parwani, the learned Counsel submits that he has instructions to appear on behalf of the respondent Nos. 2 to 5 and undertakes to file Vakalatnama. It seems that the respondent Nos. 2 to 5 have already filed an affidavit-in-reply. By way of final indulgence, three weeks time is granted to the Counsel to file Vakalatnama on behalf of the respondent Nos. 2 to 5 and work out the matter. Stand over to 24th July, 2023. [N. J. JAMADAR, J.]

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8514 OF 2018 Prashanti Co-operative Housing Society Limited....PETITIONER V/S District Deputy Registrar Of Cooperative Society And Ors ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE N. J. JAMADAR J DATE : 24th July, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 07/08/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8514 OF 2018 Prashanti Co-operative Housing Society Limited....PETITIONER V/S District Deputy Registrar Of Cooperative Society And Ors ....RESPONDENT Mr. Akash Rebello a/w Ms. Sayali Puri and Mr. Mohammed Lokhandwala i/b Mansukhlal Hiralal and Co for Petitioner Mr. Piyush Raheja i/b Rajesh Parwani for Respondent No. 2 to 5 Mr. C. D. Mali AGP for State for Respondent No. 1 CORAM : HON'BLE SHRI JUSTICE SANDEEP V. MARNE J DATE : 4th September, 2023 P.C. : S. O. to 25/09/2023 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8514 OF 2018 Prashanti Co-operative Housing Society Limited ...Petitioner Versus District Deputy Registrar of Cooperative Society and Ors. ...Respondents Mr. Akash Rebello a/w Ms. Purvi Asheri, Ms. Sayali Puri, Mr. Mohammed Lokhandwala i/by Mansukhlal Hiralal & Co. for Petitioner. … … Mr. Piyush Raheja i/by Mr. Rajesh Parwani, for Respondent Nos.2 to 5. Mr. Sandeep Maurya, for Respondent No.6. Mr. P. P. Pujari, A.G.P. for Respondent No.1. CORAM : SANDEEP V. MARNE, J. DATE : SEPTEMBER 25 2023. P.C.: Petitioner-Society has filed this Petition challenging order dated 31 May 2016 passed by District Deputy Registrar, Co-operative Societies, Mumbai City (4) and Competent Authority rejecting the application filed by Petitioner-Society for grant of unilateral deemed conveyance. I have heard Mr. Rebello, the learned counsel appearing for Petitioner, Mr. Raheja, the learned counsel appearing for Respondent Nos. 2 to 5, Mr. Maurya, the learned counsel appearing for Respondent No.6 and Mr. Pujari, the learned A.G.P. appearing for Respondent No.1. Perusal of the impugned order dated 31 May 2016 would indicate that the main reason why the Competent Authority had rejected the application for deemed conveyance is the alleged amalgamation of plot of Petitioner-Society with the neighbouring plot of Nirmal's Nest Cooperative Housing Society. ("Nirmal's Nest"). Another ground for rejection is nonimpleadment of Nirmal's Nest Society. I find both the grounds of rejection to be totally untenable. Firstly, there is no concrete evidence of two plots being amalgamated. Reliance is placed on a communication issued by the Municipal Corporation on 19 October 2007 for the purpose of arriving at a conclusion that there is amalgamation of plots bearing C.T.S. No.2403 of Plot Eksar and C.T.S. No.436 of Village Borivali. The relevant portion of the communication reads thus: " Your plans submitted of the layout/amalgamation of above plot along with your letter dated 20.10.2006 are approvable as they are as per Development Control Rules, subject to the terms and conditions already registered under No.BDR2-06908-2007 dated 16.10.2007. These terms and conditions of the layout shall be binding not only on the Owners for the time being but also on their heirs executors, administrators, assignees and every person deriving title through or under them. Final approval to the amalgamation/layout will be given after you construct the roads including lighting, drainage, sewerage, etc and recreation amenity spaces is developed by leveling and adequate number of trees are provided on the same. You will please make it clear to your client that in case of breach of any of the terms and conditions, the deposit amount is liable to be forfeited and the permission granted liable to be revoked." The communication of Municipal Corporation dated 19 October 2007 would indicate that the Municipal Corporation had merely stated that the proposal of amalgamation was "approvable". The communication does not approve the amalgamation nor effects such amalgamation. Furthermore, the amalgamation of plots will have to be done by Revenue Authorities and not by Municipal Corporation. Municipal Corporation, being a Planning Authority, may consider whether joint development could be carried out on two neighbouring plots. Actual amalgamation of two C.T.S. numbers will have to be ultimately approved by the revenue authorities. Furthermore even if such amalgamation was to take effect on the basis of communication dated 19 October 2007, the same would have no effect on right of Petitioner-Society to seek deemed conveyance in respect of plot bearing C.T.S No.436, Village Borivali. It is submitted that a common developer appointed by Petitioner and Nirmal's Nest Society, who had decided to construct building on both plots and had moved a proposal before MCGM for sanctioning plans on amalgamated plots. That the said developer had already been removed and at present there is no proposal for effecting joint development on two plots. Be that as it may. The amalgamation has not actually been effected and even if it was to be effected, the same would not defeat the right of the Petitioner-Society to seek deemed conveyance. The ground of non impleadment of Nirmal's Nest Society for rejection of unilateral deemed conveyance by the competent authority is also unfounded. The Petitioner-Society is claiming deemed conveyance of land on which its building is standing. For considering that application, why presence of neighbouring society is necessary is difficult to fathom. I am therefore of the view that the presence of Nirmal's Nest Society is not necessary while deciding application for grant of unilateral deemed conveyance in favour of Petitioner-Society. I therefore find that the impugned order dated 31 May 2016 passed by the competent authority to be indefensible. The competent authority is required to ignore the aspect of amalgamation and reconsider the application filed by Petitioner-society for grant of deemed conveyance. Accordingly, order dated 31 May 2016 is set aside and the proceedings are remanded to the competent authority for a fresh decision. All contention of parties, except on issues of amalgamation and joinder of Nirmal Nest Society, are let open. The Writ Petition is accordingly partly allowed. (SANDEEP V. MARNE, J.)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5593 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrar's orders Shri Tushar Bhavsar a/w R Bhatt a/w Ms Prerna Khirsagar i/b Mr Manoj Bhatt, Advocate for the petitioner. Shri R.M.Patne, AGP for the respondent nos. 1 and 2. Mr P.K.Dhakephalkar, Senior Advocate i/b Mr R.K.Mendadkar, for respondent nos 3 to 11. CORAM: R.G.KETKAR, J. DATE : 28/06/2012 PC: Heard Mr Tushar Bhavsar, learned counsel for the petitioner, Mr R.M.Patne, learned AGP for respondent nos 1 and 2, Mr Dhakephalkar, learned Senior Counsel for respondent nos 3 to 11. In view of the order passed today in Writ Petition No.5460 of 2012, this writ petition is rendered infructuous and the same is disposed of as infructuous. All contentions of the parties are kept open. (R.G.KETKAR, J.) 2/2 WP/5593/2012

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLAE SIDE Writ Petition No. 4026 of 2007 Lasalgaon Vibhag Sahakari Kharedi Vikri Sangh Ltd. ..Petitioner vs. 1.The Asstt.Registrar Cooperative Societies & Ors. ..Respondents Shri A.S.Desai for petitioner. Shri P.P.Kakade, A.G.P. for respondent nos.1, 2 and 6. CORAM: S.C.DHARMADHIKARI J. 4th July, 2007 P.C. The petitioner society removed the Managing Committee members on the ground that they had incurred disqualification under Rule 58(2) of the Maharashtra Cooperative Societies Rules, 1961. That action was subject matter of challenge at the instance of the members and the Asstt.Registrar Cooperative Societies, Niphad, District Nashik has held that the decision of the society is without any authority of law in as much as the concerned persons have not been declared as defaulters. There is no adjudication in that behalf. That order of the Asstt.Registrar was challenged by the Society in Revision Petition No.89 of 2006 and the Divisional Joint Registrar having upheld the same by the impugned order, the petitioner society is before me invoking my writ jurisdiction. The only contention raised by Shri Desai is that the aggrieved persons have no right to approach the Asstt.Registrar in as much as they had the remedy of filing a Dispute under sec.91 before the competent Cooperative Court. That was the only remedy available to them in law. Asstt.Registrar had no jurisdiction to entertain their grievance. Be that as it may, on facts, it has been concurrently observed that the pre-requisite for initiating action has not been satisfied in the present case. In para 11 of the impugned order, the Joint Registrar has observed that C.E.O. of the society issued letter dated 22nd August, 2006 informing the concerned Managing Committee members that they have incurred disqualification under sec.73FF of Maharashtra Cooperative Societies Act, 1960. Hence, they cease to be the Managing Committee members. It has been observed by the Joint Registrar that powers under the Maharashtra Cooperative Societies Act of removal are vested only with the Registrar and unless action under sec.78 of the Act is initiated there is nothing like an automatic cessation. That no order under sec.78 has been passed is not disputed by Shri Desai. That is settled position in law and reference has been made by both the authorities to the decisions of this Court in that behalf. Having observed that mandatory pre-requisites are not satisfied for invoking the powers to disqualify the Managing Committee Members and to remove them, I do not wish to enter into any larger controversy. More so, when the factual position remains undisputed. As to whether the Asstt.Registrar would have jurisdiction to interfere with the action of disqualification or removal or not is a matter which can be gone into and decided in an appropriate case. That aspect is expressly left open. I am of the view that the findings of fact are not vitiated by any error apparent nor can be termed as perverse. Hence, the writ jurisdiction is not available to the petitioner. Petition is summarily dismissed. (S.C.DHARMADHIKARI J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.675 OF 2012 Shalini Vitthal Gadekar through Next friend namely Shri Sachin Balasaheb Daptare ..Petitioner Versus Smt. Tarabai Vitthal Gadekar & Ors. ....Respondents. Mr. Ganesh M. Mohite holding for Mr. Sachin Kadam, for the petitioner. CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATED : 2 May 2012. P.C. Notice to respondents returnable on 10 May 2012. Respondents shall be served through Advocate's notice. CHIEF JUSTICE (N.M. JAMDAR, J.)

Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 675 OF 2012 Shalini V. Gadekar ... Petitioner V/s. Smt.Tarabai V. Gadekar & Ors. ... Respondents Advocate for Petitioner is present. CORAM : MANGESH S. PATIL REGISTRAR (JUDL.-I) Date : 20th June 2013 Two weeks time granted for payment of Bhatta. If Bhatta paid within two weeks, issue notice to Respondents returnable within six weeks from today. REGISTRAR (JUDL.-I) mvm – R(J-I) -11.06.13

Order - Status 25: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.675 OF 2012 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : MANGESH S. PATIL REGISTRAR (JUDL.I) Date : 1st August 2013 Two weeks time granted as a last chance for payment of Bhatta. If bhatta is paid within two weeks, issue Notice to Respondents returnable within six weeks from today. REGISTRAR (JUDL.I) mvm – R(J-I) 1/8/2013

Order - Status 27: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 675 OF 2012 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders Advocate for Petitioner is present. CORAM : MANGESH S. PATIL REGISTRAR (JUDL.I) Date : 15 October 2013 Advocate to pay Bhatta within two weeks, failing which Writ Petition shall stand dismissed as against unserved Respondents. If Bhatta is paid within two weeks, issue notice to Respondents returnable within six weeks from today. REGISTRAR (JUDL.I) RJ -I aap/mvm 15/10/2013

Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER MATTERS NOTIFIED AT SR. NOS. 48 TO 60 AND 62 TO 80 ON THE BOARD DATED 20TH JANUARY 2014 CAUSE TITLES AND APPEARANCES AS NOTIFIED CORAM : A. S. OKA & M. S. SONAK, JJ. 20TH JANUARY 2014 P.C.: . The following matters on Balance Board -Daily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates fixed as per the C.M.I.S. Sr.No. C.M.I.S.Date 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58 12/02/14 59, 60, 78, 80 13/02/2014 62, 63, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 14/02/2014 64 21/03/2014 79 08/04/2014 If in any of the above matters, ad interim relief or interim relief is operative till today, the same shall continue to operate till the respective next dates. If ad-interim relief is not granted for a limited period, the said orders will remain unaffected. If there is an extreme urgency, the parties can get the papers produced before the Court.

Order - Status 33: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 675 OF 2012 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders. Registrar's orders. Shri Sachin D. Kadam for the Petitioner. Ms. Saima Ansari i/by Shri R.N. Gite for the Respondent Nos.1 to 4. CORAM : A.S. OKA & M.S. SONAK, JJ DATE : 14TH FEBRUARY 2014 P.C.: . On the oral prayer made by the learned counsel appearing for the Petitioner, we restore the Petition which was dismissed as against Respondent Nos.5 to 13. After having perused the Petition and after having heard the learned counsel appearing for the Petitioner, we find that the Petitioner will have to establish her right in relation to the property in dispute by approaching the Civil Court. The representation made on behalf of the Petitioner which is at ExhibitC to the Petition shows that the civil suits are pending in relation to the property in dispute. By granting liberty to the Petitioner to take out appropriate proceedings, we dispose of the Petition. All contentions on merits are kept open. (M.S. SONAK, J) (A.S.OKA, J)

Order - Status 2: Order Text Request Text Click the button above to request the full text of this order.

Order - Status 3: Order Text Request Text Click the button above to request the full text of this order.

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 D.T.Ed., B.Ed.Students' Association of the State of Maharashtra ….. Petitioner VERSUS The State of Maharashtra & Ors. ….. Respondents Mr.S.A.Rajeshirke for the Petitioner. Mrs.P.J.Gavhane, A.G.P. for the State. CORAM: R. D. DHANUKA AND R.I.CHAGLA, JJ. DATE : 26th JULY, 2021 (THROUGH VIDEO CONFERENCE) P.C:- The grievance of the petitioner in this petition is that there are about 180 vacant posts for teachers to be filled up in the nigh school. The Government however is appointing the teachers on temporary basis in violation of the Government Resolution dated 17th May, 2017. Learned counsel for the petitioner undertakes to serve the respondents through the Office of the Government Pleader during the course of the day. Affidavit in reply, if any, shall be filed within three weeks from 28 - WP 3258 OF 2021.doc today with a copy to be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within one week from the date of service of the affidavit in reply with a copy to be served upon the respondents' advocates simultaneously. Place the matter on board on 20th August, 2021 . [R.I.CHAGLA, J.] [R. D. DHANUKA, J.]

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1 WRIT PETITION NO. 3258 OF 2021 D.T.Ed, B.Ed. Students through President Shri Santosh A. Magar … Petitioners Versus The State of Maharashtra … Respondent ****** Mr. S. A. Rajeshirke for the Petitioners. Ms. Sushma S. Bhende, AGP for the State-Respondent. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ. DATE : 24th NOVEMBER, 2021. P.C. :- . The grievance of the petitioners' association is that though by Government Resolution dated 17th May, 2017, the State Government had withdrawn permission to Day School teachers to work in Night School and the validity of the said Government Resolution is upheld by the judgment of this Court in Writ Petition No. 5989 of 2017 and Writ Petition (L) No. 1541 of 2017, which judgment was upheld by the Hon'ble Supreme Court on 17th April, 2018, the State Government is still continuing to appoint teachers in the Night School on temporary basis thereby affecting the studies of large number of students. It is the case of the petitioners that teachers shall be appointed on permanent basis in the Night School. Ms. Bhende, learned AGP seeks time to take instruction and to file affidavit within four weeks from today. As and by way of last indulgence, respondents are granted four weeks' time to file affidavitin-reply with a copy to be served upon the petitioners' advocate simultaneously. Rejoinder, if any shall be filed within one week thereafter with a copy to be served upon the respondents' advocate simultaneously. In the meanwhile, in view of the serious allegations made by the petitioners that contrary to the Government Resolution dated 17th May, 2017, the Night Schools are appointing the teachers and staff on temporary basis, the Director of Education shall look into these allegations seriously and to assess the situation in the Night Schools and shall indicate in the affidavit about the correctness of the allegations made by the petitioners in this petition. If it is found that the Night Schools are appointing the teachers and staff on temporary basis and not complying with the Government Resolution issued by the State Government, an appropriate action in that regard shall be taken before the next date. The action that would be taken by the State Government, shall also indicate in the affidavit-in-reply. Place the matter on board for admission on 5th January, 2022. If there are any other connected matters, parties are at liberty to furnish the list of such matters to the Sheristedar of this Court to include those matters also on board on the next date. If the said list is furnished within one week from today, those matters also shall be placed on board on the assigned date. [ABHAY AHUJA, J.] [R. D. DHANUKA, J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 D.T. Ed., B.Ed. Students' Association of the State of Maharashtra …..Petitioner Vs. The State of Maharashtra & Ors. …..Respondents. Mr. S.A. Rajeshirke for the Petitioner. Mrs. S.S. Bhende, AGP for the Respondent-State. CORAM : NITIN JAMDAR AND AMIT B. BORKAR, JJ. DATE : 5 JANUARY 2022. (THROUGH- VIDEO CONFERENCING) P.C.:- The learned counsel for the Petitioner states that, the Petitioner is seeking implementation of the Government Resolution dated 17 May 2017 more particularly clauses 4(1) and 4(2) thereof. He states that, certain teachers are working as full time and day time teachers, as well as, in the night schools thereby, reducing the chances of unemployed teachers to be appointed. He states that, subsequently permanent appointment of these teachers in the night schools has been cancelled but they are continuing on a temporary basis. The prayer is sought that, these teachers who are working in the night schools on temporary basis, should be removed and the teachers on permanent basis should be appointed (not on double post). As an interim relief, it is also sought that their salary be stopped. The first relief sought for is directly affected these persons. 2 The learned counsel for the Petitioner states that, as per his knowledge, there are around 180 such teachers/persons and will join them either through their organization and/or 10 to 12 of such teachers as a representatives in this Petition. Leave granted to the Petitioner to amend the Petition to join party Respondents as above. Amendment to be carried out within a period of one week from today. After the amendment is carried out, the Petitioner will give notice to the newly added Respondents and file affidavit of service. 3 As regards the oral argument made on malafides based on interference of a political person, we do not find any pleadings in the Petition nor such person is made party Respondent, therefore this argument cannot be considered. 4 Stand over to 27 January 2022. 5 In the meanwhile, the State will file its response as to why it is not implementing its own Government Resolution dated 17 May 2017, which has been upheld upto the Hon'ble Supreme Court. The Affidavit shall be filed by the Secretary School Education Department, State of Maharashtra either by himself or vetted by him. (AMIT B. BORKAR, J.) (NITIN JAMDAR, J.)

Order - Status 13: Arun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 DT Ed, B Ed Students through President Santosh A Magar …Petitioner Versus The State of Maharashtra through Secretary, School Education and Sports Department …Respondent Mr SA Rajeshirke *, for the Petitioner.* Mr SB Kalel, AGP *, for the Respondent-State.* CORAM G.S. Patel & Neela Gokhale, JJ. DATED: 27th March 2023 PC:- 1. We are not inclined to interfere at the instance of this Petitioner. It claims to be an association of DT.Ed and B.Ed students. ARUN RAMCHNDRA SANKPAL Digitally signed by ARUN RAMCHNDRA SANKPAL Date: 2023.03.28 09:44:42 +0530 2. Prayer clause (c) of this Petition seeks inter alia a direction to the State Government to withhold the government salary grants in respect of teachers on a temporary basis and to direct "the management" to make payments of such salaries. 3. No management is joined. None of the teachers who would undoubtedly be affected by such an order are joined. 4. It is impossible to entertain such a Petition where persons who are directly affected are not even joined or given notice. Whatever may be the case regarding day schools or night schools, it is not possible to grant or consider relief in the absence of the joinder of persons directly affected. Given the ambit of the relief sought, it is not even possible to join individual persons. 5. The Petition is rejected. There will be no order as to costs. It is, however, open to an individual affected to file a petition in her or his own name, and the rejection of this Petition will not be read adversely to such a petitioner. (Neela Gokhale, J) (G. S. Patel, J)