KAMAL DEEPAK PARDESHIversusTHE STATE OF MAHARASHTRA THROU. MINISTRY OF CO-OP AFFAIRS AND ORS

                                                                      22-WP5231-2026.DOC

                                                                                  Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                      WRIT PETITION NO. 5231 OF 2026

                      Kamal Deepak Pardeshi                                 ...Petitioner
                                        Versus
                      The State Of Maharashtra Through Ministry
                      Of Co-Op Affairs And Ors                            …Respondents

                      Mr. Rajas Naik, a/w Sunny Pardeshi and Amruta Pardeshi, for
                           the Petitioner.
SANTOSH
SUBHASH               Dr. Druti Kapadia, AGP for the State.
KULKARNI
Digitally signed by
SANTOSH SUBHASH
KULKARNI
                                                   CORAM:     N. J. JAMADAR, J.
Date: 2026.09.29
14:57:05 +0530                                     DATED:     28th SEPTEMBER, 2026

                      PC:-

                      1.     Heard the learned Counsel for the parties.


                      2.     The challenge in this petition is to an order dated 22 nd

                      December, 2023 passed by the Competent Authority under the

                      provisions of the Maharashtra Ownership Flats (Regulation of

                      the Promotion of Construction, Sale, Management and Transfer)

                      Act, 1963.


                      3.     The petitioner claims to be a member of respondent No.3

                      Bhanu Co-operative Housing Society, in whose favour the

                      Competent Authority has granted a certificate of Unilateral

                      Deemed Conveyance.



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4.    The learned Counsel for the petitioner submitted that

though the petitioner is a member of respondent No.3 – Bhanu

Co-operative Housing Society, the name of the petitioner was not

disclosed before the Competent Authority as one of the members

of the Society.


5.    The disputes sought to be raised by the petitioner are

beyond the remit of the power of the Competent Authority. The

petitioner being the member of respondent No.3 Bhanu Co-

operative Housing Society has no independent right to challenge

the order of the Deemed Conveyance. (Daman Singh & Others

vs. State of Punjab and Others 1).   Thus, the challenge at the

instance of the petitioner cannot be entertained.


6.    The petition stands dismissed with liberty to the petitioner

to work out the remedies as available in law against the

respondent No.3 – Bhanu Co-operative Housing Society, before

the appropriate forum.


                                         [N. J. JAMADAR, J.]




1     (1985) 2 SCC 670.
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