Bombay High Court
KAMTAPRASAD RAMPRASAD DUBEY AND ORSversusNAVI MUMBAI MUNICIPAL CORPORATION THR ITS COMMISSIONER AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court dismissed the writ petition as withdrawn because the dispute was already pending before the Co-operative Court.
Summary
The petitioners, Kamtaprasad Ramprasad Dubey and others, filed a writ petition against the Navi Mumbai Municipal Corporation and related respondents. They later informed the Court that the five members of Respondent No.3 Society had already initiated a dispute before the Co-operative Court under Section 19 of the Maharashtra Co-operative Societies Act, and a commencement certificate had been issued in favour of Respondent No.4 Developer. On this basis, the petitioners sought permission to withdraw the writ petition. The Court, noting that the matter was already before the appropriate forum, allowed the withdrawal and dismissed the petition as withdrawn. The judgment further indicated that the petitioners remain free to approach the appropriate forum if any further cause arises.
Issues considered
- Whether the writ petition should be entertained when the dispute is already pending before the Co-operative Court under Section 19 of the Maharashtra Co-operative Societies Act.
Legislation cited
Subjects
- withdrawal of petition
- co-operative court
- Section 19
- commencement certificate
- jurisdiction
- writ petition
- civil appellate jurisdiction
Judgment
SMITA Digitally signed by SMITA
JOHNSON GONSALVES
JOHNSON Date: 2026.09.30
GONSALVES 12:00:40 +0530
sg 905.wp(c)10466-26.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10466 OF 2026
Kamtaprasad Ramprasad Dubey And Ors … Petitioners
versus
Navi Mumbai Municipal Corporation
Through Its Commissioner And Ors. … Respondents
----
Mr. Mahaling Pandarse, a/w. Mr. Abhijeet Sammi, for the Petitioners.
Mr. Rohit Sakhadeo, for Respondent Nos. 1 and 2/Navi Mumbai
Municipal Corporation.
Mr. Prabhat R. Salunkhe, i/b. Mr. Mahendra V. Shingade, for
Respondent No.3 Society.
Ms. Archana Shelar, i/b. Mr. Amol Ransingh, for Respondent No.4.
Mr. S.P. Kamble, AGP, for the Respondent/State.
----
CORAM:BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE: 29th SEPTEMBER, 2026
P.C.:
1. In the wake of a remedy being available to the five members of
Respondent No.3 Society, and in particular, with a statement being
contained in the petition that they have already filed a dispute before
Page 1 of 2
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29th September, 2026
sg 905.wp(c)10466-26.docx
the Co-operative Court under Section 19 of the Maharashtra Co-
operative Societies Act, when we expressed our disinclination to
entertain the petition, as we are informed that the commencement
certificate has already been issued in favour of Respondent No.4
Developer, the learned Counsel seeks permission to withdraw the
petition.
The petition is dismissed as withdrawn. Needless to state that if
any further cause exists for the members to approach the Court
pursuant to the dispute having been adjudicated by the Co-operative
Court, the Petitioners are at liberty to approach the appropriate
forum.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
Page 2 of 2
__________________________________________________
29th September, 2026
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