Judgment :

1. Rule. With Consent, Rule made returnable forthwith and taken up for final disposal.

2. By this petition filed under Article 227 of the Constitution of India, the order dated 30th January 2017 passed by the Competent Authority – District Deputy Registrar Co-operative Societies, Mumbai in Application No.72 of 2016 filed under Section 11(3) of Maharashtra Ownership of Flats (Regulation of Promotion of Construction of sale, Management and Transfer) Act, 1963 [for short “MOFA”] dismissing the application is assailed.

3. Briefly stated, facts of the case are that the Petitioner-Society has been constructed on land bearing CTS No.C/873, C/874, C/875, C/884 and C/885 admeasuring 1284.29 sq mtrs. situated at Pali Mala Road, Pali Naka, Bandra West, Mumbai – 400 050. The subject property was owned by one Abdulla Khan Jamruddin Khan who expired on 9th December 1976. In the year 1980, an application for grant of Letters of Administration was allowed by the High Court and the Respondent No. 3 was granted Letters of Administration to administer the estate of Late Abdulla Khan Jamruddin Khan. On 19th March 1993, an agreement came to be executed between the Respondent No.3–Administrator,