Jagdish Shankar Salunke v. Sangli Miraj And Kupwad City Mahanagarpalika Sangli (Through Commissioner) And ORS.
P.H. Jayani 26 wp9260.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9260 OF 2017 Jagdish Shankar Salunke ....Petitioner V/s.
Sangli Miraj & Kupwad City Mahanagarpalika, Sangli & Ors.
....Respondents Mr. Omkar Nagvekar i/b. Mrs. Prabha Uday Badadare for the petitioner.
Mr. Prashant P. Jadhav for respondent no.1.
Ms. Nisha Mehra, AGP for respondent no.4.
CORAM :
ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.
DATE : 12th JULY, 2018.
P.C.:
.
Against the order dated 07th September, 2015, an efficacious remedy of appeal under section 47 of the Maharashtra Regional and Town Planning Act, 1966 is available. Considering the availability of the efficacious remedy, this Writ Petition under Article 226 of the Constitution of India cannot be entertained.
2.
Accordingly, we dispose of the petition by permitting the petitioners to avail the remedy. Adinterim order passed by this Court on 14th October, 2017 shall continue to operate for a period of six
P.H. Jayani 26 wp9260.17.doc weeks from today to enable the petitioner to move the Appellate Authority for seeking appropriate interim relief. The Appellate Authority is bound to note the order dated 01st July, 2017 passed by this Court in earlier Writ Petition as well as the fact that the present petition was filed on 01st August, 2017 and the same remained pending till today. All contentions on merits are kept open. [RIYAZ I. CHAGLA, J.] [ABHAY S. OKA, J.]