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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The Court dismissed the writ petition as withdrawn because the dispute was already pending before the Co-operative Court.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noting that the matter was already before the appropriate forum, allowed the withdrawal and dismissed the petition as withdrawn.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
                                                       __________________________________________________

                                                         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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