Chandraprakash S. Agarwal v. Pune Municipal Corporation, Through Commissioner And ORS

1 wp 5355-12=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 5355 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N.R. Bubna for the Petitioner.

Mr. R. M. Pethe for the Respondent Nos. 1 to 3. Mr. Kalpesh Patil i/b Mr. S.V. Sadavarte for the Respondent Nos. 4 to 8 & 10 to 14.

CORAM : A.S.OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 22nd JUNE, 2017 P.C.:

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Heard learned Counsel appearing for the Petitioner. Prayer (a) cannot be granted as the first to third Respondents are under no obligation to carry out repairs to the building allegedly owned by the fourth to fourteen Respondents. A Writ of Mandamus directing the fourth to fourteen Respondents to carry out repairs cannot be issued. The said Respondents are not a State within the meaning of Article 12 of the Constitution of India. As far as prayer (b) is concerned, an application made by the Petitioner for grant of repairs permission is pending. A copy of the said application is annexed at 'Exhibit C' to the petition. Accordingly, we dispose of the petition by Sneha Chavan 1/2

1 wp 5355-12=.doc passing the following order:- a) We direct the first to third Respondents to look into the application made by the Petitioner on 03rd April, 2012 (Exh. C to the petition) and to take appropriate decision on the said application within a period of one month from today;

b) Order passed on the said application be communicated to the Petitioner.

c) Petition is disposed of on the above terms.

(SMT. VIBHA KANKANWADI, J.) (A.S.OKA, J.) Sneha Chavan 2/2