T. S. NATRAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Writ Petition is filed by a member of the Respondent No.4 - Splendor Complex Co-Operative Hsg. Soc. Ltd., Mumbai, on being aggrieved by the Government Resolution dtd. 29/10/2014 as well as the Circular dtd. 14/12/2015 issued by the Respondent No.2. The Petitioner also seek issuance of writ in nature of mandamus directing the Respondent No.3 to do all such acts, deeds, matters and things as may be required, in accordance with law upon her appointment to carry out re-audit as per the Order dtd. 10/11/2023 of the Respondent No.4 - Society, for the period of 2014-2015 to 2017-2018, and by way of an alternative prayer it is prayed that test audit shall be conducted instead of re-audit for the year 2018-2019, 2020-2021, 2021-2022.

(2.) We have heard the learned counsel Mr. Mohit Bhardwaj for the Petitioner and the learned Addl.G.P. Ms. Prachi Tatake, for the Respondent Nos.1 to 3. Advocate Mr. Ajit Anekar a/w Ms. Ashlesha Modak has represented the Respondent No.4.

(3.) The Petitioner claim to be the first purchaser of the flat through an agreement under Sec. 4 of the Maharashtra Ownership of Flat Act, 1963 (for short "the MOFA") and assert that he became a member of the co-operative housing society i.e. the Respondent No.4 and though he has attempted to project before us that he has no grievance against the society but on reading of the pleadings, we find this statement to be completely incorrect and we would be justifying our conclusion to the aforesaid effect as we proceed to deal with the Petition.