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2019 Supreme(Bom) 1490

S.C.DHARMADHIKARI, G.S.PATEL
Jawahar Jyoti Co-Operative Housing Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Neeta Karnik, Adv., V.M. Mali, Adv., N.R. Bubna, Adv.

JUDGMENT :

G S PATEL, J.

1. This Petition, fled under Article 226 of the Constitution of India, has a limited challenge to a report dated 10th December 2018 approved by the 2nd Respondent, the Municipal Corporation of Thane's General Body, and a Resolution No. 584 /2018 dated 10th December 2018. Although this Petition can be disposed of by accepting the statement made by Mr. Mali, learned AGP, in terms of the averments in the Affidavit in Reply fled by one Mr. Shailendra Bendale, Executive Engineer of the 2nd Respondent corporation in paragraph 2 as set out hereinafter, we will briefly refer to the facts so that there is absolutely no misunderstanding or room for further controversy.

2. Rule. Respondents waive service. By consent, rule made returnable forthwith and the petition is taken up for hearing and final disposal.

3. The sole Petitioner is a cooperative housing society in Thane (West). It is a tenant co-partnership cooperative housing society. It is registered under the Maharashtra Cooperative Societies Act 1960. The 1st Respondent is the State of Maharashtra. The 2nd Respondent, as already noted is the Municipal Corporation of Thane. The 3rd Respondent is its Municipal Commissi

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