In a significant relief to the members of Green Field Rocks End Co-operative Housing Society Limited, the Bombay High Court has stayed a controversial status quo order that had effectively stalled the society’s redevelopment project. The impugned order, dated 7th May 2025, was passed by the State Government while entertaining what was argued to be an impermissible “second revision application.”
Background of the Dispute
The majority of members of the petitioner society had supported a redevelopment project that was already underway. However, a few dissenting members (respondents Nos. 4 to 7) challenged the project by filing successive revision applications under the Maharashtra Co-operative Societies Act, 1960.
The State, acting on the second revision application, had imposed a status quo on the redevelopment, effectively halting all progress, much to the detriment of the majority will of the society members.
Legal Contention
Appearing for the petitioner, Advocate Mohit Khanna (a/w Mr. Rutyparn Deo i/b Mr. Aditya Lele) relied heavily on the Full Bench judgment in Shilpchintamani CHSL vs. Prasad Govindrao Jamdar & Ors. (WP No. 4589 of 2011, decided on 14th September 2023). That judgment had categorically clarified that a second revision application is not maintainable under the Maharashtra Co-operative Societies Act.
The petitioner argued that the State’s 7th May 2025 status quo order was not only unjustified but also legally unsustainable as it arose from an impermissible second revision against an interim order passed by the Divisional Joint Registrar.
High Court Observations
Justice Manish Pitale took serious note of the Full Bench precedent and found strong prima facie merit in the petitioner’s argument that the proceedings before the State (Respondent No. 1) lacked maintainability.
The Court observed that:
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- The order dated 7th April 2025 by the Divisional Joint Registrar, which was under challenge before the State, was itself passed in a revision application;
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- Hence, the challenge before the State amounted to a second revision, which is barred in law;
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- Allowing such second revisions would defeat the legislative intent and open the floodgates for frivolous, repetitive litigation.
Relief Granted
The Bombay High Court issued the following directions:
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- Stay on the impugned order dated 7th May 2025 passed by the State Government;
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- Stay on further proceedings in the said second revision pending before the State;
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- Directed the Divisional Joint Registrar to expeditiously dispose of Revision Application No. 91 of 2025;
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- Issued notice for final disposal, returnable on 21st July 2025;
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- Directed private service to remaining respondents with an affidavit of service to be filed within three weeks.
Implications of the Judgment
This judgment is a landmark reaffirmation of the principle that successive revision applications are not permissible under the Maharashtra Co-operative Societies Act. It comes as a boon to cooperative housing societies whose redevelopment is often paralyzed by a small dissenting minority exploiting procedural loopholes.
The ruling upholds the democratic will of the majority and ensures that critical redevelopment works are not delayed by tactical litigations. It also reinforces the authority of the Divisional Joint Registrar as the appropriate forum to adjudicate such intra-society disputes.
Date of Order: 12th June 2025
Coram: Hon’ble Mr. Justice Manish Pitale
Writ Petition No.: 7369 of 2025
Court: High Court of Judicature at Bombay
Case Title: Green Field Rocks End CHSL vs. State of Maharashtra & Or
Click Here to Read and Download The Order
Published In Public Interest
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