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2015 Supreme(Bom) 1922

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Happy Home Co-operative Housing Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. R.M. Pandey i/b. M.U. Pandey / Rakesh M. Pandey for the Petitioners
Mr. G.W. Mattos, AGP, for the Respondent Nos.1, 3 & 5
Mr. E.P. Bharucha, senior counsel with Mrs. Surekha Sonawane for the Respondent No.2
Mr. P.K. Dhakephalkar, senior counsel with Mr. Sanjay Jain, Ms. Sapna Raichure and Mr. T.N. Tripathi i/b T.N. Tripathi & Co. for the Respondent No.4

JUDGMENT :

S.C. Dharmadhikari, J.

1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith.

2. By this Writ Petition, initially filed as also subsequently amended, the petitioner-Co-operative Housing Society is seeking a writ of mandamus and/or any other appropriate writ, order or direction in the nature thereof declaring clause 3.12(7) of the Cooperative Housing Societies Manual dated 15th October, 2011, copy of which is annexed as Annexure-J to the Writ Petition as ultra vires the Maharashtra Co-operative Societies Act, 1960. The petitioner is also challenging in terms of prayer clause (a), the order dated 21st April, 2009, being Annexure-G and 25th September, 2010, being Annexure-O and the approval of the building plans. The further challenge is to the order Annexure K- 1 dated 4th February, 2013.

3. The petitioner is essentially aggrieved by the acts of respondent No.4. The dates and events leading to these acts are few and simple. The petitioner-society is duly registered under the Maharashtra Co-operative Societies Act, 1960. The petitioner claims that it owns a piece of land being Survey No.79A, Hissa No.10 (Part) and Survey Nos.79 and 80, Hissa No.8 of






















































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