Nitin Madhusudan Raut v. The Vasai Virar City Municipal Corporation Thru Municipal Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10732 OF 2022 Nitin Madhusudan Raut ..

Petitioner v/s.

The Vasai Virar City Municipal Corporation Through Municipal Commissioner And Ors.

..

Respondents ....

Mr. Nitin M. Raut, Petitioner-in-person.

Mr. A.A. Alaspurkar, AGP, for the Respondent State. Ms. Swati Sagvekar, for Respondent Nos. 1 and 2/Corporation. Mr. B.B. Sharma, for Respondent No.3/CIDCO.

....

CORAM: SUNIL B. SHUKRE & JITENDRA JAIN, JJ.

DATE : 15 JUNE 2023 P.C:- We have informed the Petitioner that he is at liberty to engage services of an Advocate of his choice, if he so desires, but the Petitioner is unwilling to do so. The Petitioner submits that he being aware of the facts of the case and basic law applicable to them, he would himself argue. Accordingly, we have granted hearing to this Petitioner, and have heard him extensively.

2.

During the course of the hearing it emerged that the Petitioner has made several representations for redressal of his grievances, as reflected in clauses (a), (c) and (d) of the prayer. As regards prayer clause (b), the Petitioner states that there is already a petition making similar prayer, which is pending for consideration of this Court. We find that these representations have not been decided so far by Respondent No.1. We are of the considered view that unless and until these representations are appropriately decided, there would not be any cause of action for the Petitioner to knock at the doors of this Court merely on the basis of apprehension that these representations may be rejected by Respondent No.1. 3.

In this view of the matter, we pass the following order: (i) The Petitioner is relegated to the remedy that is being provided to him now by this Court, which is before Respondent No.1.

(ii) Respondent No.1 is directed to decide the representations of the Petitioner, which are of the dates of 25th February 2019, 13th June 2020 and 15th April 2003, in accordance with law, at the earliest and in any case within eight weeks from the date of appearance of the Petitioner before Respondent No.1.

(iii) The Petitioner shall appear before Respondent No.1 on 26th June 2023 at 11.00a.m.

(iv) The Petitioner is at liberty to file copies of documents on which he seeks to rely, including the copies of the aforesaid representations, in case they are required by Respondent No.1.

(v) The petition is disposed of in above terms.

(JITENDRA JAIN, J.) (SUNIL B. SHUKRE, J.)