Bombay High Court
SUNITA SURESH THAMKEversusSTATE OF MAHARASHTRA AND 2 ORS.
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed; the petitioner may only file a representation before the competent authority of Respondent No.3.
Summary
The petitioner, a member of Lokmanya Nagar Priyadarshini Co-operative Housing Society Ltd., challenged an order dated 31 July 2019 issued by Respondent No.3 that granted a clean‑chit to a developer despite alleged non‑compliance with conditions of a No‑Objection Certificate. The court observed that the society itself had not filed any proceedings and that the petitioner appeared to be a disgruntled individual acting without the society’s backing. Consequently, the court held that the petitioner could not obtain the relief sought and could only be permitted to file a representation before the competent authority of Respondent No.3. The court directed that such a representation, dated 21 April 2022, be placed on record for consideration. In view of these findings, the writ petition was disposed of.
Issues considered
- What relief, if any, can a single member of a cooperative housing society obtain against an administrative order granting a clean‑chit to a developer?
- Whether the petitioner can challenge the order in the absence of a suit filed by the society itself.
Subjects
- writ petition
- cooperative housing society
- NOC
- clean‑chit
- administrative law
- representation
- Bombay High Court
Judgment
19-WP-3826-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3826 OF 2024
Sunita Suresh Thamke .....Petitioner
Versus
State of Maharashtra and Ors. .....Respondents
.....
Ms. Sneha Agarwal a/w Ms. Shweta R. Rathod i/b Elixir Legal
Services, for the Petitioner.
Ms. Lavina Kriplani, A.G.P., for the Respondent-State.
Ms. Jyoti Mhatre i/b Ms. Komal Punjabi, for the Respondent-BMC.
Ms. Manisha Jagtap, for the Respondent-MHADA.
Mr. Praful S. Pawar i/b Mr. Sudam S. Patil, for the Respondent No.4.
..…
CORAM : M. S. KARNIK &
SANDESH D. PATIL, JJ.
DATE : 22nd SEPTEMBER 2026
P.C.:-
1. The Petitioner is one of the Member of the Society- Lokmanya
Nagar Priyadarshini Co-operative Housing Society Ltd. and is
challenging Order dated 31st July, 2019 passed by the Respondent
No.3. It is the submission of learned Counsel for the Petitioner that
without verifying the facts, the Respondent No.3 has arbitrarily
granted a clean-chit to the Developer despite the Developer not
complying with the terms and conditions stipulated in the letter
Manisha 1/2
Digitally signed by
MANISHA MANISHA
BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR Date: 2026.09.23
11:00:55 +0530
19-WP-3826-2024.doc
dated 11th July, 2012 and 1st October, 2013, issued while granting
NOC to the said Developer.
2. It is pertinent to note that the Petitioner is one of the Member
of the Society. The Society has not filed any proceedings before this
Court challenging the Order dated 31st July, 2019. The Petitioner
appears to be a disgruntled Member of the Society. In such view of
the matter, the only relief that can be granted to the Petitioner is
allowing the Petitioner to prefer a representation to the competent
Authority of the Respondent No.3 placing on record her grievances.
The representation dated 21st April, 2022 is at page no.249 of the
paper book. If such a representation is made, the competent
Authority of the Respondent No.3 may look into the representation
and take appropriate action as warranted expeditiously.
3. In view of above, Writ Petition No.3826 of 2024 stands
disposed of.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Manisha 2/2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.