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2024 Supreme(Bom) 455

SANDEEP V. MARNE
New Manoday Co-operative Housing Society Limited – Appellant
Versus
Uday Madhavrao Jagtap – Respondent


Advocates appeared:
Mr. Amogh Singh, Mr. Santosh Pathak, Mr. Chirag Thakkar and Anubha Singh, for the Petitioner; Mr. Yash Juwatkar, Himanshu B. Takke, AGP, for the Respondent.

JUDGMENT

A. The Challenge

1. Petitioners-Society has filed these two Petitions challenging (i) Order passed by Competent Authority rejecting its application for grant of unilateral deemed conveyance of land and (ii) the Order passed by Minister-Cooperation directing the Divisional Joint Registrar of Cooperative Societies to initiate action for cancellation of registration of Petitioner-Society. Although the Impugned Orders are passed by two separate authorities in independent proceedings filed seeking different reliefs, as the reason for passing of both the Orders is common, both the Petitions are decided by this common judgment. In Writ Petition No.1421 of 2024, Petitioner-Society has challenged Order dated 18 October 2023 by which Society's Application filed under Section 11 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) for grant of unilateral deemed conveyance of land admeasuring 1583.46 sq.mtrs. has been rejected. In Writ Petition (L) No. 4104 of 2024, the Society has challenged Order dated 24 January 2024 passed by Minister, Co-operation directing Divisional Joint Registrar of Co-operative Societies t

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