A division bench of Justices P V Hardas and A R Joshi has directed the government and CBI to file their affidavits by April 1.
Chavan, in his petition filed late last year, had sought quashing of the FIR registered by CBI in the Adarsh scam stating that it did not have jurisdiction to probe the matter as neither the state government nor the high court had given their consent to the agency to conduct investigation.
Chavan and 12 others have been chargesheeted by CBI in the Adarsh scam with the Congress leader being accused of granting some approvals to the upscale Housing society in South Mumbai as a quid pro quo for allotment of three flats to his kin.
Chavan's mother-in-law Bhagvati Sharma, sister-in-law Seema Sharma and father-in-law's brother Madanlal Sharma have flats in the society.
According to CBI, Chavan misused his official position twice, first as revenue minister and then as chief minister, to show undue favour to the society.