Jai Gurudev Realty Thr Its Partner v. Mira Bhayander Municipal Corporation Thr Its Commissioner And ORS

915-ASWP-12498-2023+.DOC Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12498 OF 2023 Jai Gurudev Realty Through Its Partner Umesh Dolatrai Thakker

...Petitioner

Versus

Mira Bhayander Municipal Corporation & Ors

...Respondents

WITH WRIT PETITION NO. 5598 OF 2023 Jai Gurudev Realty Through Its Partner Umesh Dolatrai Thakkar

...Petitioner

Versus

Mira Bhayander Municipal Corporation Through Its Commissioner & Ors

...Respondents

Mr Cyrus Bharucha, with Jay Zaveri, Rhea Parkash, Vinay Khatri, i/b, Crawford Bayley & Co., for the Petitioner in both WPs. Mr Mayuresh Lagu, for Respondent Nos. 1, 2 & 3-MBMC in WP/12498/2023.

Mr Mayuresh Lagu, for Respondent Nos. 1 to 4-MBMC in WP/5598/2023.

Mr Ankit Lohia, with Flavia Fernandes, i/b Ajay Basutkar, for Respondent No. 4 in WP/12498/2023.

Mr Ankit Lohia, with Flavia Fernandes, i/b Ajay Basutkar, for Respondent Nos. 6, 7 & 8 in WP/5598/2023.

Mr Satish Kamat, for Respondent No. 5 in WP/5598/2023. Mrs Molina P Thakur, AGP, for the Respondent-State in both WPs. AMOL PREMNATH JADHAV AMOL PREMNATH JADHAV Date: 2023.10.10 10:43:41 +0530

CORAM

G.S. Patel & Kamal Khata, JJ.

9th October 2023

915-ASWP-12498-2023+.DOC DATED:

9th October 2023 PC:- 1.

The Petitions raise very seriously disputed questions of fact and, further, are principally directed against private parties. No writ can issue in such circumstances.

2.

Both Petitions are dismissed but with liberty to the Petitioners to adopt or pursue appropriate civil proceedings in a Court of competent jurisdiction.

3.

We say nothing in regard to any questions of limitation or on the merits. All contentions on both sides are expressly kept open. 4.

No costs.

(Kamal Khata, J) (G. S. Patel, J) 9th October 2023