Mr. Rajesh Vijay Aambat v. The Administrator, Union Territory Of Daman And Diu And Dadra And Nagar Haveli And ORS.

wp-4241.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4241 OF 2015 Mr. Rajesh Vijay Aambat ... Petitioner Vs.

The Administrator, Union Territory of Daman & Diu and Dadra & Nagar Haveli and Ors.

... Respondents Mr. Bhavesh Parmar i/by Mr. Devmani J. Shukla for the Petitioner. Mrs. Prabha Badadare for the Respondent No.4. CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 29th MARCH, 2017 P.C.

Heard the learned counsel appearing for the petitioner. In substance, the petitioner is seeking directions in the nature of writ of mandamus on the basis of the allegation that breaches have been committed of certain terms and conditions incorporated in the order dated 28th July, 2009 (Exhibit - A to the Petition). Before seeking a writ of mandamus, the petitioner has not approached the concerned authorities competent to take action. Therefore, at this stage, we decline to entertain this Writ Petition under Article 226 of the Constitution of India seeking writ of mandamus.

wp-4241.15 However, it will be open for the petitioner to make a representation to the concerned authorities inviting their attention to the alleged breaches of the terms and conditions of the order dated 28th July, 2009. The concerned authorities to whom representations are made will decide the same in accordance with law. We, however, make it clear that we have made no adjudication on the question whether breaches have been committed and all contentions in that behalf are kept open. Subject to what is observed above, the Petition is disposed of.

(A.K. MENON, J) (A.S. OKA, J)