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Bombay High CourtWP/2266/2019dismissed

Ajay Revanhasiddha Bhave And Anar v. Mah. Metro Rail Corp. Ltd. Pune Metro Project, Pune

2019-03-12Hon'Ble The Chief Justice,Hon'Ble Shri Justice Nitin Jamdar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2266 of 2019 Ajay Revanhasiddha Bhave & anr.

...

Petitioners V/s.

Maharashtra Metro Rail Corporation Ltd.

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Respondents Mr.S.S.Patwardhan a/w. Mr.Bhushan R.Mandlik for the petitioners. Mr.S.K.Mishra, Sr. advocate a/w. Mr. Pralhad Paranjape, Mr. Kaustubh Deogade, Mr.Manish Kelkar for respondents.

CORAM :NARESH H. PATIL, C.J.

& N.M. JAMDAR, J.

12th March 2019.

P.C.

The petitioner prays for following substantial reliefs:- a) This Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate order or direction in the nature of mandamus thereby directing the respondent corporation not to construct its lift and ramp, opposite the premises of

2/2 12wp2266.19.odt the petitioner namely restaurant no.1 and 2 on the ground floor of the building namely Samruddha Apartment, Rambaug Colony, Paud Road, Pune 411038.

b) Pending hearing and final disposal of this writ petition, This Hon'ble Court be pleased to restrain the respondent corporation herein by an appropriate order of injunction from constructing its lift and ramp opposite the premises of the petitioner namely restaurant no.1 and 2 on the ground floor of the building named Samruddha apartment, Rambaug Colony, Paud Road, Pune, either by itself or through its agents, servants, officers or such other persons as may be authorized to act on its behalf.

2.

The learned Counsel appearing for petitioners submits that representation dated 26th March 2018 was forwarded by the petitioners to respondents. By communication dated 21st June 2018 the request came to be rejected.

3.

We have heard the learned Counsel appearing for petitioner and respondent. We find that directions as prayed for, cannot be entertained in Writ jurisdiction. Writ Petition stands dismissed. N.M. JAMDAR, J CHIEF JUSTICE L.S. Panjwani, P.S.