Bombay High Court
RAVIRAJ PALMS CO OPERATIVE HOUSING SOCIETY LTD.versusTHE STATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARY REVENUE AND FOREST DEPARTMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed of as withdrawn, granting the petitioner liberty to file an appeal before the competent authority.
Summary
The Bombay High Court heard a writ petition filed by Raviraj Palms Co-operative Housing Society Ltd. seeking leave to withdraw the petition and instead file an appeal before the Sub‑Divisional Officer. The petitioner argued that the impugned order could be challenged in the appropriate forum and that urgent interim relief might be required. The respondents, including the State of Maharashtra and the Municipal Corporation, indicated that an appeal was indeed available under the law. The court accepted the petitioner's request, noting that the AGP would not act on the impugned order for one week, and allowed the withdrawal of the writ petition with liberty to pursue the appeal. All other contentions were left open for determination in the forthcoming appeal.
Issues considered
- Whether the petitioner may withdraw the writ petition and file an appeal before the Sub‑Divisional Officer.
- Whether the petitioner is entitled to seek interim relief pending the appeal.
Subjects
- writ petition
- withdrawal
- appeal
- interim relief
- administrative law
- High Court
Judgment
Gitalaxmi 10-WP-10793-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10793 OF 2026
RAVIRAJ PALMS CO-OPERATIVE HOUSING
SOCIETY LTD. THROUGH ITS AUTHORISED
REPRESENTATIVE MR. MOHAMMAD AFTAB
JAWAID ...PETITIONER
Versus
THE STATE OF MAHARASHTRA THROUGH THE
PRINCIPAL SECRETARY, REVENUE AND
FOREST DEPARTMENT AND OTHERS ...RESPONDENTS
Mr. Pavan S. Patil a/w Mr. Shubham S. Saraf & Mr. Tanmay A.
Deshmukh, Advocates for the Petitioner.
Mr. Nasir Ali Sayed, Secretary of the Society and Mr.
Mohammad Aftab Jawaid, Managing Committee, Member duly
authorized, the representatives of Raviraj Palms Housing
Society Ltd., are present in the Court.
Mr. Rohit Sakhadeo, Advocate for Respondent No. 4-Mira-
Bhayander Corporation.
Ms. Aloka A. Nadkarni, AGP for the State-Respondent.
CORAM : ARUN R. PEDNEKER, J.
DATE : 28th AUGUST, 2026.
Page 1 of 2
28th AUGUST, 2026
Gitalaxmi 10-WP-10793-2026.docx
Per Court :
1. Heard learned counsel appearing for the parties.
2. Learned AGP, so also learned counsel appearing for the
Municipal Corporation point out that against the impugned order, an
Appeal is provided before the Sub-Divisional Officer.
3. In view of the submission made, learned counsel for the
Petitioner seeks leave to withdraw the present Petition and to file an
Appeal before the competent authority. If such an Appeal is filed,
the concerned authority to decide the same in accordance with law.
4. Learned counsel for the Petitioner also submits that there is
an urgency in the matter and that he may have to take up the matter
for interim relief. If an application is so filed, the concerned
authority to take up the matter and consider the application in
accordance with law.
5. Learned AGP, in fairness, has submitted that they would not
act in pursuance of the impugned order for a period of one week.
Statement accepted.
6. Writ Petition stands disposed of as withdrawn with liberty
as prayed for.
7. All contentions of the parties are left open.
[ ARUN R. PEDNEKER, J. ]
Page 2 of 2
28th AUGUST, 2026
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.08.28
19:06:09 +0530
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