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Bombay High CourtWP/7365/2019dismissed

Shri. Jalindar Yadav Balwadkar v. Nahar Homes Llp, Thru Partner Mr. Vishal Nagar And ORS

2019-06-03Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

10-WPST.3807.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 3807 OF 2019 Shri. Jalindar yadav Balwadkar } Petitioner versus Nahar Homes LLP and Ors.

} Respondents Mr.Shantaram Tarale for the petitioner.

CORAM :- S. C. DHARMADHIKARI & G. S. PATEL, JJ.

DATED :- JUNE 3, 2019 P.C. :- 1.

Heard.

2.

The writ petition is entirely misconceived. Considering the prayers therein and if the petitioner is really aggrieved by the construction of mechanical parking lot right next to his property, he can always approach the competent civil court. That court will give him appropriate relief and particularly protect him from any nuisance which affects the free flow of air and light to the property of the petitioner.

3.

We do not think that in writ jurisdiction we can resolve such matters or direct the municipal authorities to resolve such grievance of the petitioner. The petitioner knows that he must approach the competent civil court.

J.V.Salunke,PA

10-WPST.3807.2019.doc 4.

The writ petition is entirely misconceived and it is dismissed. There would be no order as to costs. (G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA