2024:BHC-AS:38747-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.113 OF 2024 Pravin P. Wategaonkar ….. Petitioner BASAVRAJ GURAPPA PATIL Vs.

Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2024.10.01 The Additional Chief Secretary & Anr. ….. Respondents

17:11:13 +0530 Shri Pravin P. Wategaonkar, petitioner-in-person Dr. Birendra B. Saraf, Advocate General with Shri P. P. Kakade, Government Pleader with Shri O. A. Chandurkar, Additional Government Pleader with Shri Jay Sanklecha, “B” Panel Counsel with Mrs. G. R. Raghuwanshi, AGP for respondent No.1 Shri Aspi Chinoy, Senior Advocate with Shri Navroz Seervai, Senior Advocate with Shri Cherag Balsara, Shri Karan Bhosale, Shri Kartikeya G. Desai, Ms. Rashi Shah, Ms. Amita Band i/b.

M/s. Kartikeya & Associates for respondent No.2.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &

AMIT BORKAR, J.

DATE : SEPTEMBER 23, 2024 ORAL JUDGMENT (PER : CHIEF JUSTICE)

1. Heard Shri Pravin P. Wategaonkar, petitioner-in-person, and Dr.Birendra B. Saraf, Advocate General representing the Additional Chief Secretary, Housing Department, Government of Maharashtra.

(A) Challenge:

2. By instituting the proceedings of this petition, jurisdiction of this Court has been invoked under Article 226 of the Constitution of India, with a prayer that respondent No.2 be removed from the office of Chairperson, Maharashtra Real Estate Regulatory Authority (hereinafter referred to as the “Authority”) by the issue of writ of quo-warranto. Prayer clause (18) of the PIL petition runs as under.

“18. In the light of the above, Petitioner therefore prays ;

A) That this Hon'ble Court may be pleased to issue writ of quo-

warranto against / inquire into the legality of the claim of Resp. No. 2, Shri. Manoj Saunik to hold the Office of The Chairman of Maharashtra Real Estate Regulatory Authority; and/ or, B) That this Hon'ble Court may be pleased to issue appropriate writ, order and/ or direction to Respondent No. 1/ ACS, Housing dept., Maharashtra to produce all documents-records and examine the procedure adopted and the material considered, based on which Resp. no. 2 has been appointed vide GR dt.

16.07.2024/ 'Annex. A', and/or, C) That this Hon'ble Court may be pleased to issue appropriate writ, order and/ or direction to inquire into legality, validity and propriety of the procedure adopted in issuance of the GR dt.

16.07.2024/ ‘Annex. A'; and/or, D) That this Hon'ble Court may be pleased to issue appropriate writ, order and/ or direction to inquire into the legality, validity and propriety of the procedure adopted in issuance of the GR dt. 16.07.2024/`Annex. A' and declare the same to be contrary to public interest, illegal and ultra vires of the Constitution of India; and/or, E) Pending the final hearing and disposal of this Petition, this Hon'ble Court may be pleased to stay the operation and effect of the said GR dt. 16.07.2024/ ‘Annex. A' - stay the appointment of Shri. Manoj Saunik as Chairman of Maharashtra Real Estate Regulatory Authority; and/or, F) Pending the final hearing and disposal of this petition, this Hon'ble Court may be pleased to grant Ex-parte interim/ ad interim relief in terms of prayer clause (E) in public interest and interest of Justice; and/or, G) For such further orders and / or directions as this Hon'ble Court may deem fit and proper considering the nature, facts and circumstances of the case as may be required.”

(B) Relevant statutory provisions:

3. Before we delve into the respective submissions made on behalf of the rival parties, it is necessary to advert to certain provisions of the Real Estate (Regulation and Development), Act 2016 (hereinafter referred to as the “Act, 2016”) and the Maharashtra Real Estate, Chairperson, Members, Officers and other Employees (Appointment and Service Conditions) Rules, 2017 (hereinafter referred to as the “Rules, 2017”).

4. “The Authority” has been established and incorporated under section 20 of the Act, 2016 which is quot