1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1708 OF 2008 Yamuna Mahadev Shinde. ..Petitioner V/s. S.R.A. & ors. ..Respondents. WITH CHAMBER SUMMONS NO.322 OF 2008 IN WRIT PETITION NO.1708 OF 2008 Yamuna Mahadev Shinde. ..Petitioner V/s. S.R.A. & ors. ..Respondents. And Mr.Rajaram Gangaram Katkam ..Applicant. Mr.P.G.Karande i/b. S.S.Redekar for petitioner. Mr.J.G.Aradwad for Respondent No.1. Mr.Pradeep Jadhav, AGP for Respondent Nos.2 and 3. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : DECEMBER 10, 2008. DATE : DECEMBER 10, 2008. DATE : DECEMBER 10, 2008. P.C. : P.C. : P.C. : 1. Counsel for the Respondent Nos.1,2 and 3 submits that issue regarding eligibility of the Petitioner is a matter which is exclusively within the domain of High Power Committee in terms of the decision of the Full Bench of our High Court reported 2 in 2008 Vol.I BCR page 49 in the case of Tulsiwadi 2008 Vol.I BCR page 49 in the case of Tulsiwadi 2008 Vol.I BCR page 49 in the case of Tulsiwadi Navnirman Co-op.Housing Society Ltd. & Anr. V/s. Navnirman Co-op.Housing Society Ltd. & Anr. V/s. Navnirman Co-op.Housing Society Ltd. & Anr. V/s. State of Maharashtra & Ors. State of Maharashtra & Ors. State of Maharashtra & Ors. I am in agreement with this contention. If it is so, all questions regarding eligibility of the Petitioner are left open to be decided by the High Power Committee. In the event the Petitioner files appropriate proceeding before the High Power Committee to avail of the remedy in terms of Full Bench decision referred to above, the issues adverted to in the Order dated September 30, 2008 impugned in the present Petition will also have to be considered by the High Power Committee on its own merits. 2. Accordingly, this Petition is disposed of with liberty to the Petitioner to approach High Power Committee within four weeks from today. 3. If such proceedings are filed before the High Power Committee, the same be decided by the High Power Committee on its own merits, uninfluenced by any observations made by the authority in the order, which is impugned in this Petition, or for that matter the present order passed in this Petition. 4. Till the final decision is taken by the High 3 Power Committee, arrangement directed by this Court in terms of the Order dated 23rd April, 2008 in Writ Petition No.325 of 2008 shall be maintained by the Authority. 5. Since the Petitioner is granted liberty to approach the High Power Committee, it will be open to the Applicant in the Chamber Summons to make representation raising all issues as are available to the Applicant, which will be decided by the High Power Committee on its own merits in accordance with law. Chamber Summons is also disposed of accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)