Mr. Ramsubhash Baleshwar Barai v. M/S. Hubtown Ltd. And ORS.

WPL. 9609-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (L) No. 9609 OF 2015 Mr. Ramsubhash Baleshwar Barai ...

Petitioner Vs.

M/s. Hubtown Ltd. & Ors.

...

Respondents *** Mr. Kantilal H. Kanojia, for the Petitioner.

Mr. Anil Mishra, for Respondent No. 1.

Mr. S. S. Redekar, for Respondent No. 5.

*** CORAM : V. M. KANADE, & A. R. JOSHI, JJ.

DATE : APRIL 8, 2015 PC.

1.

Heard the learned counsel appearing on behalf of the Petitioner, learned counsel appearing on behalf of Respondent No. 1 and Respondent No. 5. The case of the Petitioner is that he is entitled to get permanent alternate accommodation. However, the same has not been granted to him by the Respondents.

2.

On the other hand, learned counsel appearing on behalf of Respondent No. 1 submits that the Petitioner's brother was held to be eligible to get permanent alternate accommodation, and accordingly, permanent alternate accommodation has been handed over to 1 / 2

WPL. 9609-15 Respondent No. 5 two years ago. He has submitted Petitioner has also filed suit in the City Civil Court and the said suit is pending. In view of this, we are not inclined to grant the relief, prayed by the Petitioner, since he can agitate his right before the appropriate forum. Writ Petition is, therefore, dismissed.

Sd/- Sd/- [A. R. JOSHI, J.] [V. M. KANADE, J.] yak Halemath 2 / 2