Bombay High Court

REVATI NIWAS COOPERATIVE HOUSING SOCIETY LTDversusTHE STATE OF MAHARSHTRA THR THE GOVERMENT PLEADER AND ORS

Decided: 8 January 2026
Disposal: Disposed Off
Bench: M S KARNIK S M MODAK

Holding

The Court held that the Assistant Registrar must consider the pending application on its merits and render a decision within 16 weeks.

Summary

The Revati Niwas Co-operative Housing Society Ltd. filed a writ petition seeking a mandamus directing the Assistant Registrar, Co-operative Housing Society, Bhiwandi, to consider its application dated 13 September 2024 for rectifying a typographical error in Form ‘Z’. The petition argued that the Registrar’s inaction violated the society’s right to have its application heard. The intervenor attempted to oppose the petition, claiming the application was not bona‑fide, but no formal intervention was filed. The Court directed the Assistant Registrar to consider the application on its merits and decide within 16 weeks, allowing the intervenor to raise any objections. The petition was subsequently disposed of, with both parties instructed to cooperate with the Registrar.

Issues considered

Whether the Assistant Registrar is legally obligated to consider the society’s application for rectification of a typographical error in Form ‘Z’.
Whether a writ of mandamus can be issued to compel the Registrar to act on the pending application.

Subjects

Writ of Mandamus
Co-operative Housing Society
Typographical error
Form Z
Administrative law
Intervention

Judgment

                                                               3-wp 13100-25.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 13100 OF 2025

Revati Niwas Co-operative Housing Society Ltd.               … Petitioner
        Versus
The State of Maharashtra & Anr.                               ... Respondents
                     __________________________

Ms. Vedashree Phadake a/w. Mr. Raj Chaurasia i/b Mr. Pranil Sonawane for
the Petitioner.
Ms. Anushka Rane for the Intervenor.
Mr. Kedar B. Dighe, Addl GP a/w. Smt. Ashwini A. Purav, AGP for the
Respondent-State.
                     __________________________

                                          CORAM        : M. S. KARNIK AND
                                                         S. M. MODAK, JJ.
                                          DATED        : 8th JANUARY, 2026.

P.C. :

1.       Heard learned counsel for the Petitioner.

2.       The Petitioner prays for the following reliefs: -

         “(a) The Hon’ble Court be pleased to issue a Writ of Mandamus or
         any other writ, order or direction in the nature of Mandamus thereby
         to issue directions against the Respondent No.2-Assistant Registrar,
         Co-operative Housing Society, Bhiwandi, Thane to forthwith consider
         and take necessary action upon the application dated 13.09.2024
         submitted by the Petitioner, for seeking permission to rectify the
         typographical error in Form ‘Z’, in accordance with law.”

3.       The application made by the Petitioner is pending before Respondent

No.2. We have heard learned counsel for the Petitioner. Learned counsel

for the Intervener appeared and sought time to file an application for

intervention.


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                                                             3-wp 13100-25.doc

4.     An attempt was made by the learned counsel for the Intervener to

oppose this Petition by contending that the claim made by the Petitioner is

not justified and that the application dated 13th September, 2024 is not

bonafide. As of today, there is no Intervention Application on record. In

any case and upon hearing the learned counsel for the Petitioner, we are

inclined to direct the Respondent No.2 to consider the application dated

13th September, 2024 on its own merits and in accordance with law and

take the same to its logical conclusion by taking a decision thereon as

expeditiously as possible and preferably within a period of 16 weeks from

the date of communication of this Order.

5.     It is open for the Intervener to oppose the application dated 13 th

September, 2024 made before Respondent No.2.            If the application is

opposed by the Intervener, the objections raised may be considered by

Respondent No.2 while deciding the application.

6.     With such aforesaid observations, the Petition is disposed of.

7.     Learned counsel for the Petitioner as well as Intervener submitted

that they will appear before Respondent No.2 along with copy of this Order

on 19th January, 2026 at 11.00 a.m.        The Petitioner as well as learned

counsel for the Intervener to co-operate with Respondent No.2.



(S. M. MODAK, J.)                                         (M. S. KARNIK, J.)



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