Munshi Rajja Mohammed Bafati v. Bhiwandi Nizampur City Municipal Corporation And ORS.

(43) WP 7341-15.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7341 OF 2015 Munshi Rajja Mohammed Bafati

...Petitioner

versus Bhiwandi Nizampur City Municipal Corporation & others

...Respondents

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

Mr. A.R. Pitale, for the Petitioner.

Mr. N.R. Bubne, for Respondent nos.1 to 3 - BNMC. Mr. R.D. Suryawanshi, for Respondent nos.4 and 5. ............

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

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

We are informed by the learned Counsel for the Corporation that there are two suits pending; one filed by the present petitioner against the Corporation and the second filed by respondent nos. 4 and 5 in which the order of status quo is operative.

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(43) WP 7341-15.doc 2.

In that view of the matter we do not find any reason to exercise writ jurisdiction under Article 226 of the Constitution of India, since the disputes can be adjudicated in the suits which are pending before the competent Court. The Petition is rejected with liberty granted to the petitioner to take recourse to the alternate remedy available in law. (M.S. KARNIK, J.) ( B.R.GAVAI, J.) 2/2