Mr. Arjun Sawant And ANR. v. The State Of Maharashtra And ORS.

(5) WP 5067-16.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5067 OF 2016 Mr. Arjun Sawant & Another

...Petitioners

versus The State of Maharashtra & Others.

...Respondents

............

Mr. Vishwakarma and Associates, for the petitioners. Mr. A.A. Alaspurkar, AGP for Respondent nos. 1 and 2. Mr. S.S. Aradhye, for Respondent no.3.

............

CORAM : B.R.GAVAI & M.S. KARNIK, JJ.

DATED: 16TH AUGUST, 2017 P.C. :

The petitioners have approached this Court praying for Writ of Mandamus thereby preventing the respondent nos. 1 to 3 from constructing the municipal fish market in the area which is subject matter of the present Petition. The petitioners challenging the resolution of the Municipal Corporation have approached the Collector under the provision of Section 318 of the Maharashtra Municipal 1/2

(5) WP 5067-16.doc Councils, Nagar Panchayatas & Industrial Townships Act, 1965. Since the collector ceased to have the jurisdiction over the issue, the matters have been referred to the State Government.

2.

We find that the petitioners cannot be permitted to invoke both remedies simultaneously, in view of the doctrine of election. The petitioner has taken recourse to one remedy and prayed to stay the said resolution. We find that the petitioners should pursue the matter before the State Government and seek an appropriate remedy. Needless to state that the State Government before taking any final decision in the matter on merits and in accordance with law, liberty be given to the Petitioners of being heard. Writ petition is accordingly disposed of in the aforesaid terms.

(M.S. KARNIK, J.) ( B.R.GAVAI, J.) 2/2