Mr. Gopinath Laxman Mishra v. The State Of Maharashtra And ORS

906 wp6093-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6093 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.M.Saraogi for the petitioner Ms.Vaishali Nimbalkar, A.G.P. for the respondent no.1 Mr.S.P.Thorat for respondent no.2 CORAM : K. K. TATED, J.

DATE : OCTOBER 25, 2016 P.C.:

Heard.

Though other respondents are duly served by private notice no one appeared on behalf of them when the matter was called out.

By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 23.5.2016 passed by Mumbai Building Repair & Reconstruction Board under section 95(a) (3)(4) of the Maharashtra Housing and Area Development Act, 1976. As there is alternate efficacious remedy available to the petitioner by preferring Appeal, following order is passed: Mohite 1/2

906 wp6093-16 a) Liberty granted to the petitioner if they so desire to file appropriate appeal as per the provisions of Maharashtra Housing and Area Development Act, 1976 with application for adinterim or interim relief. If appeal is filed and application is preferred for interim relief, authority is directed to decide interim relief as early as possible but in any case within 4 weeks from the date of filing according to law by hearing all the parties.

b) With these observations, Writ Petition stand disposed.

JUDGE Mohite 2/2