Raj Builders Vs Union of India & Ors. (Bombay High Court)
The Bombay High Court heard a writ petition concerning the applicability of GST to flats constructed by a developer and provided to landowners free of cost under a development agreement. The petitioner submitted that similar writ petitions involving the same question of law were already pending before the Court and that ad-interim protective orders were operating in those matters. The Court issued Rule, made it returnable on 10 August 2026, and recorded waiver of service of notice by counsel appearing for the respondents. The respondents were permitted to file their reply. The matter was directed to be listed on 10 August 2026 along with connected Writ Petition No. 593 of 2025. As an ad-interim measure, the Court directed that no coercive action shall be initiated against the petitioner without the leave of the Court.
Argued by Adv. Bharat Raichandani a/w Adv. Mahesh Raichandani i/b UBR Legal.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. Heard Mr. Bharat Raichandani, learned Counsel for the Petitioner.
2. The central issue involved in this Writ Petition is pertaining to applicability of GST in case of flats constructed by the developer for the land owners “free of costs”.
3. Our attention has been invited to the fact that similar Writ Petitions, raising the same question of law, is pending disposal before this Court wherein, ad-interim orders of protection are operating.
4. Rule. Rule made returnable on 10th August, 2026.
5. Ms. Shruti Vyas, learned Counsel waives service of notice on the Respondent No.1. Ms. Anjali Helekar, learned AGP waives service of notice on the Respondent Nos. 2, 3 and 4.
6. The Respondents may file reply.
7. Let this matter be listed again on 10 th August, 2026 along with connected Writ Petition No. 593 of 2025.
8. Heard on the prayer of ad-interim relief.
9. As an ad-interim measure, it is provided that no coercive action shall be initiated against the Petitioner, without the leave of this Court.
