Bombay High Court
RANJEET BHATTACHARYA AND ORSversusDIVISIONAL JOINT REGISTRAR C.S. MUMBAI AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition was permitted to be withdrawn and disposed of.
Summary
The petitioners challenged the selection of members of an authorized committee by the Deputy Registrar, alleging that relatives of complainants and a non‑member were appointed and that the committee was taking policy decisions beyond its limited purpose of conducting elections. They also sought the Hon'ble Minister's intervention on the dissolution of the managing committee and the propriety of the committee's actions. The counsel for the petitioners indicated that they would not press the petition further because a related revision is pending before the Minister, scheduled for hearing on 30 September 2026. The Court, after leaving the parties' contentions open, permitted the petition to be withdrawn and ordered its disposal, directing the Minister to decide the pending revision expeditiously.
Issues considered
- Whether the petition can be withdrawn and disposed of despite pending contentions
- Whether the Deputy Registrar was authorized to appoint relatives and a non‑member to the authorized committee
- Whether the authorized committee can take policy decisions beyond conducting elections
Subjects
- Authorized Committee
- Society elections
- Withdrawal of petition
- Ministerial revision
- Deputy Registrar appointment
Judgment
2026:BHC-AS:37004
Renuka Thakur 16-WP-11885-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11885 OF 2026
Ranjeet Bhattacharya And Ors ...Petitioner
V/s.
Divisional Joint Registrar C.S. Mumbai ...Respondent
And Ors
________________
Mr. Karl Tamboly a/w Ms. Vaishali Sanghavi, Ms. Vidhi Porwal, Mr. Zahan
Setalvad and Mr. Ameet Mehta i/b M/s Solicis Lex for Petitioners.
Mr. G. S. Godble, Senior Advocate with Mr. Rubin Vakil, Mr. Sunil Shukla
with Mr. Yatin R. Shah for Respondent Nos. 3 (a) to 3 (c).
Mr. M. M. Vashi, Senior Advocate with Ms. Itisha Ranka for Intervenor in
IAST 26442/2026.
Mr. A. C. Bhadang, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 8 SEPTEMBER 2026.
P.C.:
1) Mr. Tamboly, the learned counsel appearing for the
Petitioner, on instructions, does not press the Petition considering the
fact that the Revision is still pending before the Hon’ble Minister and is
fixed for hearing on 30 September 2026. He however complains that the
Deputy Registrar has selected relatives of the Complainants and a non-
member for functioning as the Authorized Committee for conduct of
elections. He submits that in addition to challenging the desolution of
the managing committee, Petitioner shall also urge before the Hon'ble
Minister the point of selection of the members of the authorized
committee by the Deputy Registrar. He further complains that the
Page No.1 of 2
8 SEPTEMBER 2026
Renuka Thakur 16-WP-11885-2026.docx
authorized committee has started taking policy decisions on behalf of
the society. He submits that the authorized committee had convened a
meeting on 2 August 2026 for the purpose of termination of
appointment of the developer. He however concedes that the meeting
scheduled to be held on 2 August 2026 has ultimately been cancelled.
Since the appointment of provisional committee is only for the purpose
of holding of elections, the committee cannot take any policy decision in
respect of the affairs of the society. Similarly, in the pending Revision,
the Hon’ble Minister shall also decide the issue as to whether the Deputy
Registrar was right in selecting the three members to act as a provisional
committee.
2) Leaving open all the contentions of the parties, the Petition
is permitted to be withdrawn and disposed of.
3) The Hon’ble Minister shall make an endeavour to decide the
Revision as expeditiously as possible.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 8 SEPTEMBER 2026
Date: 09/09/2026 10:50:34
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