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2023 Supreme(Bom) 2191

G. S. KULKARNI
Airoli Neha Apartment – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
R.C. Nichani, Advocate, A.A. Maniyar, Advocate, K.S. Thorat, Advocate, Sharad Bhosale, Advocate, M. Dilip Bodake, Advocate, Rohit P. Sakhadeo, Advocate, Pushkar Nagpurkar, Advocate

JUDGMENT/ORDER

1. This petition under Articles 226 and 227 of the Constitution of India assails an order dtd. 13/8/2019 passed by the Hon'ble Minister for Cooperation in Revision Application No. 450 of 2018 filed on behalf of respondent no. 2 whereby allowing the revision the petitioner-society has been ordered to be de-registered.

2. The land in question which houses the petitioner's building was allotted by CIDCO to one Smt. Babibai Joshi, which was sought to be developed by respondent no. 2-M/s. Yogesh Enterprises, who has subsequently assigned the development rights in favour of respondent no. 3. It appears that there was some dispute between respondent nos. 2 and 3. The construction of the building in question, however, was completed. The petitioner had insisted that the Society be formed by respondent no. 2, however, respondent No.2 failed to form a cooperative Society. Although the law would mandate a developer to form a cooperative society under the provisions of the Maharashtra Apartment Ownership Act, 1970. Consequently, the petitioner approached the Registrar of Cooperative Societies with a proposal to form a co-operative Society, in pursuance of which the Deputy Registrar

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