Bombay High Court
VENKATESHWARA CO-OPERATIVE HOUSING SOCIETY LTD.versusTHE STATE OF MAHARASHTRA THOR. GOVT. PLEADER
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the writ petition should be disposed of without addressing its merits, directing the Assistant Director, Town Planning, KDMC to decide the petitioner’s complaint within six weeks after a proper hearing.
Summary
The Bombay High Court heard Writ Petition No.7010 of 2025 filed by Venkateshwara Co‑operative Housing Society Ltd. against the State of Maharashtra and related municipal authorities. The petition sought relief concerning a complaint pending before the Kalyan Dombivli Municipal Corporation (KDMC). The Court, after hearing counsel, declined to keep the writ petition pending for further consideration. With the parties’ consent, the petition was disposed, directing the Assistant Director, Town Planning, KDMC to decide the petitioner’s complaint on its merits within six weeks, after affording a hearing to all stakeholders. The parties were ordered to appear before the Assistant Director on 12 October 2026, and the Court clarified that it did not examine the merits of the underlying dispute.
Issues considered
- Whether the writ petition should be kept pending for consideration
- Whether the petitioner’s complaint should be decided by the Assistant Director, Town Planning, KDMC on merits
Subjects
- writ petition
- co-operative housing society
- town planning
- municipal corporation
- administrative law
- disposal with consent
- hearing
Judgment
13-WP-7010-2025 (C).odt
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.10.08
WRIT PETITION NO. 7010 OF 2025
13:07:44
+0530
Venkateshwara Co-operative Housing
Society Ltd. ...Petitioner
Versus
The State Of Maharashtra Thor. Govt. Pleader ...Respondent
...
Mr. Nilesh R. Pandey a/w Mr. Sameer S. Vispute and
Siddharth Jaiswal for the Petitioner.
Mrs. Neha S. Bhide, GP a/w Mrs. M.S. Bane, AGP for the
Respondent No.1 - State.
Mr. Sandeep Dilip Shinde for Respondent Nos.2 to 8.
Mr. A.V. Sakhare, Sr. Advocate i/b. Vivek Salunke for
Respondent No.9.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 7th OCTOBER, 2026.
P.C.:
1. Heard learned Counsel for the parties. The learned
counsel for Respondent No.2 – Kalyan Dombivli Municipal
Corporation (KDMC) states that the complaint of the Petitioner
shall be considered, shortly.
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13-WP-7010-2025 (C).odt
2. Considering the above and the relief as prayed for, we are
not inclined to keep the matter pending for consideration.
3. With the consent of the parties, the instant Writ Petition
is Disposed Of with an observation that the Complaint of the
Petitioner be decided by the Respondent No.6 - Assistant
Director, Town Planning, KDMC on merits and in accordance
with law, within a period of six weeks from the date of
uploading of this order. Such decision shall be taken after
giving a sufficient opportunity of hearing to all the
stakeholders. The parties shall appear before Respondent No.6
on 12th October 2026 at 12.00 pm.
4. It is also expected that on the date fixed all the parties
shall extend full co-operation in resolving the matter on merits
of the matter.
5. We clarify that we have not adverted into the merits of the
matter.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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