IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.973 OF 2023

1 Dheeraj Dreams Building No.1 CHS Ltd., ]

through its Hon. Secretary ] L.B.S. Marg, Bhandup (W), ] Mumbai 400 078. ]

2 Dheeraj Dreams Building No.3 CHS Ltd., ]

through its Hon. Secretary ] L.B.S. Marg, Bhandup (W), ] Mumbai 400 078. ]

3 Dheeraj Dreams Building No.4A CHS Ltd., ]

through its Hon. Secretary ]

Digitally signed by SMITA S R M AJ I N T I A KANT R JO A S JN H I I KANT L.B.S. Marg, Bhandup (W), ] JOSHI D 2 1 0 7 a 2 : t 3 e 6 4 : .0 :5 3 7 .25 Mumbai 400 078. ]

+0530

4 Dheeraj Dreams Building No.4B CHS Ltd., ]

through its Hon. Secretary ] L.B.S. Marg, Bhandup (W), ]

Mumbai 400 078. ].. Petitioners.

v/s.

1 Divisional Joint Registrar, ]

Co-operative Societies, Mumbai Division, ] Mumbai, Malhotra House, 6^th Floor, ] Opp. G. P. O. Fort, Mumbai 400 001. ]

2 Assistant Registrar, ]

Co-operative Societies, S-Ward, Room ] No.202, 2^nd Floor, Konkan Bhavan, ] Navi Mumbai 400 614. ]

3 Hukamsingh B. Sewadsha ] 4 Chetansingh B. Sewadsha, ]

both having their address at ] C-301, Indrayani CHS Ltd. Gaurishankar ] Wadi No.2, Pant Nagar, Ghatkopar (E), ] Mumbai 400 075. ]

5 The State of Maharashtra ]

Department of Co-operation, Marketing ] and Textiles, Mantralaya, Mumbai. ]

6 Office of Dy. Ch. Engineer (B.P.) ]

E.S. Municipal Corporation of ] Greater Mumbai, Paper Mill ] Compound, L. B.S. Marg, ] Vikhroli (W), Mumbai 400 083. ]

7 Housing Development & ]

Improvement India Ltd. ] Dheeraj Apartments, P. P. Dias ] Compound, Natwar Nagar Road ]

No.1,Jogeshwari (E),Mumbai 400060].. Respondents.

Adv. S. B Shetty with Adv. A. K. Menon i/b. Kumar and Company, for the Petitioners.

Mr. Manish Upadhye, AGP, for Respondent Nos.1,2,5-State.

Mr. Atul Damle, Senior Advocate with Adv. Chinmay Sharma i/b. Mr. S.

Pathak, for Respondent Nos. 3 and 4.

Ms. Vaishli Ugale i/b. Ms. Komal Punjabi, for Respondent No.5-BMC.

CORAM: FIRDOSH P. POONIWALLA,J.

RESERVED ON : 3rd NOVEMBER, 2025.

PRONOUNCED ON : 25^th MARCH, 2026.

JUDGEMENT:-

1 RULE. Rule made returnable forthwith and heard finally with the consent of the parties.

2 The present Writ Petition is filed seeking the following final reliefs:-

“(a) That this Hon'ble Court be pleased to call for the records of the proceedings conducted before Respondent no.1 in Revision Application Nos.44/2021, 45/2021,46/2021, 47/2021 and 48/2021, and after examining the legality and propriety of the same, be pleased to set aside and quash the order dated

22.07.2022, being Exhibit K hereto directing the Petitioners to admit Respondent no.3 & 4 as members of the Petitioner Societies on the basis of the purported 5 registered agreements for sale dated 30.04.2019 purportedly executed by Respondent no.7 in respect of nonexistent flats in favor of Respondent no.3 & 4 by issuing a by a Writ of Certiorari, or a Writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India, and to restore the Order dated 19.10.2020 passed by Respondent no.2.

(b) That this Hon'ble Court be pleased to further call for the records of the proceedings before Respondent no.2 in Execution Application No. 1854 of 2022 and after examining the legality and propriety of the same be pleased to set aside and quash the order dated 19.10.2022 being Exhibit L1 hereto purporting to appoint an Authorized Officer for executing the order dated 22.07.2022 of the Respondent no.1 by issuing a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India.”

FACTS

3 The case of the Petitioners in the Writ Petition is as follows:-

(a) The Petitioners are Registered Co-operative Housing Societies. Respondent Nos.1 and 2 are the statutory authorities under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the MCS Act”). Respondent Nos. 3 and 4 are private persons who claim to have purchased on 30^th April, 2019 five flats by mean