Santosh Prabhakar Kini v. Executive Engineer, Thane Municipal Corporation And ORS

WP. 2069-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2069 OF 2015 Santosh Prabhakar Kini ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. A. A. Maniyar, for the Petitioner.

Mr. Mandar Limaye, for Respondent No. 1.

Mr. Vijay Patil, for Respondent No. 4.

Mr. V. B. Thadani, AGP for Respondent No. 5.

*** CORAM : V. M. KANADE, & M. S. KARNIK, JJ.

DATE : APRIL 4, 2016 PC.

1.

By this petition, which is filed under Article 226 of the Constitution of India, Petitioner is seeking following relief: "(a) this Hon'ble Court be pleased to issue a writ of of mandamus or any other appropriate writ of direction or order in the nature of mandamus under Article 226 of the Constitution of India directing and ordering the Respondent No 1 to execute its order and 1 / 2

WP. 2069-15 Respondent No. 2 & 3 to comply with the order passed by the Respondent No. 1 herein, being Exhibit "D" herein;

(b) Pending the hearing and final disposal of this Writ Petition, the distribution of the flats in the redeveloped building may be stayed;

(c) Ad-interim relief in terms of prayer clause (b) above. (d) Costs of this writ petition be provided;

(e) the petitioner may kindly be granted such other and further reliefs as may be necessary in the interest of justice."

2.

The cause of action has arisen in 2007. The Petitioner has filed representation in 2015. In any case, this Court cannot exercise its writ jurisdiction under Article 226 of the Constitution of India, since it involves disputed question of facts, and secondly, Petitioner has an alternate remedy of approaching an appropriate forum. Reserving the right of the Petitioner to exhaust an alternate remedy, which is available to him in law, writ petition is disposed of. Sd/- Sd/- [M. S. KARNIK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2