RACHANA DEVELOPERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India, the petitioners call in question the order passed by Respondent No.1. By the said order, the revision application filed by the petitioners came to be dismissed. The revisional authority thereby confirmed the order registering Respondent No.4 as a cooperative housing society under Sec. 9 of the Maharashtra Cooperative Societies Act, 1960.

(2.) The facts leading to the present petition are not in dispute.

(3.) According to the petitioners, on 18/12/2004, the petitioners along with all the owners executed a declaration as contemplated under Sec. 2 read with Sec. 11 of the Maharashtra Apartment Ownership Act, 1970. On 18/2/2005, the said declaration was registered with the Sub Registrar of Assurances under Registration No. 0850 of 2005. The bye laws of the condominium were annexed to the declaration. Thereafter, on 31/8/2005, the declaration deed was again registered with the Sub Registrar of Assurances. On 14/6/2005, the petitioners informed Respondent Nos.5 to 46 about the execution and registration of the declaration under the MAO Act. On 16/6/2005, the petitioners also informed Respondent No.3 that a condominium had been formed in respect of the said property.