2026:BHC-AS:5363 Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SAYALI WRIT PETITION NO. 461 OF 2026 DEEPAK UPASANI Vallabhnagar Co-operative Housing Digitally signed by SAYALI DEEPAK UPASANI Society Limited, Date: 2026.02.03

11:34:48 +0530 a co-operative housing society registered under the Bombay Co- operative Societies Act, 1925/ Maharashtra Co-operative Societies Act, 1960, having its office at Ground Floor, Reyn Basera, Plot No. 24, N.S. Road No. 4, JVPD Scheme, Vile Parle (West), Mumbai-400 056. … Petitioners V/s.

1. State of Maharashtra (Through the Co-operation, Marketing and Textile Department)

having its address at Hutatma Rajguru Chowk, Madam Cama Marg, Main Building, Mantralaya, Mumbai - 400 032.

2. Divisional Joint Registrar, Co-operative Societies, Mumbai Division Having his office at Malhotra House, 6th Floor, Opp. G.P.O., Fort, Mumbai -

400 001.

3. Deputy Registrar, Co-operative Societies, K/W-ward, Mumbai Office at Grihnirman Bhavan, Ground Floor, Room No. 69-A, Bandra (East), Mumbai - 400 051.

4. Mr. Vijay S. Khetan Adult Indian inhabitant, having address at Flat No. 35, Shantideep, J.B. Nagar, Andheri (East), Mumbai

400 059.

5. Mrs. Meena Vijay Khetan Adult Indian inhabitant, residing with Respondent No.4 at Flat No. 35, Shantideep, J.B. Nagar, Andheri (East), Mumbai-400 059. ...Respondents Mr. Venkatesh Dhond with Preteek Pai, Vinodini Shrinivas, Shashwat Rai and Aditya Shete i/b Keystone Partners, for Petitioner.

Dr. Dhruti Kapdia, AGP for State-Respondent Nos. 1 to 3.

Mr. Surel Shah, Senior Counsel with Ms. Kausar Banatwala, i/b Tushar A. Goradia, for Respondent Nos. 4 and 5.

CORAM : AMIT BORKAR, J.

RESERVED ON : JANUARY 20, 2026 PRONOUNCED ON : FEBRUARY 03, 2026 JUDGMENT.:

1. By this Petition filed under Article 227 of the Constitution of India, the petitioner Housing Society challenges the judgment and order dated 15 October 2025 passed by respondent No. 2 in Revision Application No. 192 of 2025. By the said order, respondent No. 2 confirmed the order dated 08 May 2025 passed by respondent No. 3 under Section 23(2) of the Maharashtra Cooperative Societies Act. Respondent No. 3 had allowed the Appeal preferred by respondent Nos. 4 and 5 and directed that they be granted membership of the petitioner society in respect of Plot No. 26. The present petition arises from these orders. The facts necessary for deciding the petition are set out below.

2. By an indenture of lease dated 29 July 1963 executed between the petitioner society and Shri Jayantilal Vadilal Gandhi and Smt. Pramila Jayantilal Gandhi, Plot No. 26 was leased to them for a period of 999 years. The lease contained conditions. It provided that the lessees shall not assign, underlet, or part with possession of the plot without prior written consent of the lessor. It further provided that in the event of any permitted transfer, a lease premium at the prescribed rate payable to the society would be a condition precedent for such transfer.

3. On 20 October 2012, the assignees of the original lessees addressed a letter to the petitioner seeking permission to sell the plot to a prospective purchaser. By letter dated 05 April 2013, the petitioner informed them that for processing transfer of Plot No. 26, the predecessor of respondent Nos. 4 and 5 was required to submit the necessary documents and pay transfer charges. Thereafter, on 03 July 2024, the predecessors of respondent Nos. 4 and 5 sought a No Objection Certificate to assign the plot to respondent Nos. 4 and 5 in terms of a settlement recorded in Suit No. 224 of 2021. They also requested confirmation that they were bona fide members and that the society had no objection to the proposed sale. By communication dated 12 July 2024, the society acknowledged them as bona fide members and lease holders. According to the petitioner, despite this position, a deed of assignment dated 01 August 2024 was executed in favour of respondent Nos. 4 and 5 without obtaining prior written permissi