Mr. Amin A. R. Shaikh v. The Commissioner And ORS

wp-7128.18.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO.7128 OF 2018 Mrs. Amina A.R. Shaikh ... Petitioner Vs.

The Commissioner, Thane and Ors.

... Respondents Mr. Amarendra P. Jha for the petitioner.

Ms. Nisha Mehra, AGP for the respondent No.3. CORAM :

A.S.OKA AND RIYAZ I. CHAGLA, JJ.

DATE :

30th July 2018.

P.C. :

Not on board. Taken on board.

Heard the learned counsel appearing for the petitioner. The only grievance made in this petition under Article 226 of the Constitution of India is that the first respondent is not granting permission to the petitioner to carry out repairs to the structure of a school. After having perused the annexures to the petition, we find that the petitioner has never made any application to the first respondent through an architect in proper form setting out the nature of repairs which the petitioner desires to be carried out.

Therefore, a writ of mandamus as prayed for cannot be issued. If the petitioner makes a proper application through an architect containing all the details and particulars along with requisite documents to the first respondent or appropriate officer of the Municipal Corporation of City of Thane, such application shall be decided within a period of 60 days from the date of filing of the application. Subject to what is observed above, the petition is disposed of.

(RIYAZ I. CHAGLA, J.) (A.S.OKA, J.) Digitally signed by Pallavi Mahendra Wargaonkar Date:

2018.08.01 11:34:48 +0530 Pallavi Mahendra Wargaonkar