3 weeks ago
Bombay HC: Deputy Registrar Cannot Reopen Rejected Bifurcation Proceedings
People who own shops in a big building in Mumbai wanted to split their building's housing society into two parts.
A government officer called a Deputy Registrar listened to everyone and said no.
Later, that officer got transferred to a new job, and a new officer came in.
The new officer decided to start the whole case over and sent out a fresh notice.
The housing society did not like this and asked the Bombay High Court for help.
The court said the first decision was final and the new officer could not change it.
The judge explained that reopening the case was against the law.
He also said the new officer should not have made mistakes in the paperwork he gave to the court.
The shop owners can still ask a higher court or authority to look at the case again if they want.
The Bombay High Court quashed a Deputy Registrar's June 1, 2026 communication reopening bifurcation proceedings for Shiv Shopping Centre Co-operative Housing Society.
The court ruled the April 21, 2026 decision rejecting the bifurcation proposal was a final order, not a mere opinion or remark.
Justice Sandeep Marne held the successor Deputy Registrar had no power to review the rejection, calling the reopening 'an action unknown to law.'
The court criticized the officer for treating a detailed 16-page order as a procedural note and for making 'incorrect statements on oath' in the affidavit.
The High Court said the 17 commercial unit owners may pursue a statutory appeal against the April 21 order, leaving the merits open.
- Who
- Justice Sandeep Marne of the Bombay High Court ruled on a petition by Shiv Shopping Centre Co-operative Housing Society Ltd. and its secretary against a Deputy Registrar of Co-operative Societies.
- What
- The court set aside a Deputy Registrar's communication reopening rejected bifurcation proceedings, holding the successor officer had no power of review.
- Where
- Bombay High Court, Mumbai; the society is located in Andheri.
- When
- The proposal was rejected on April 21, 2026; the Deputy Registrar's reopen order was issued June 1, 2026; the ruling was reported on August 5, 2026.
- Why
- The successor Deputy Registrar sought to revive the matter after the original officer's transfer, but the court held the rejection was final and the reopening unlawful.
Key facts
- Court
- Bombay High Court
- Presiding Judge
- Justice Sandeep Marne
- Petitioner
- Shiv Shopping Centre Co-operative Housing Society Ltd.
- Location
- Andheri, Mumbai
- Original Rejection Order
- April 21, 2026
- Impugned Communication
- June 1, 2026
- Applicants
- 17 commercial unit owners
- Governing Law
- Maharashtra Co-operative Societies Act
Quotes
Justice Sandeep Marne
Judge of the Bombay High Court
“The Registrar needs to first apply his mind to the proposal… He cannot act as a mere postman and call for opinion of the Federal Society immediately upon receipt of proposal for bifurcation.”
freepressjournal.in
“What is done by the Deputy Registrar on April 21, 2026, is passing of an 'order' rejecting the proposal for bifurcation.”
freepressjournal.in
Sources
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