Mr. Kamal Kesardev Agrawal v. The Assistant Commissioner Municipal Corporation Of Greater Mumbai And ORS.

pvr 6wp12488-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12488 OF 2017 Mr.Kamal Kesardev Agrawal.

...Petitioner

Versus

1.The Assistant Commissioner, MCGM & Ors.

...Respondents

---- Mr.Manoj Sonawane i/b. Mr.Sunil R.Yadav, for the Petitioner. Mr.G.Giri, for Respondent No.1.

Mr.Piyush M.Shah with Dishang Shah, for Respondent Nos.3 and 5. Mr.Anoshak Daver with Mr.Asif Khan, for Respondent no.4. ----- CORAM :

NARESH H. PATIL, ACTING CJ. & G.S. KULKARNI, J.

DATE :

25th September, 2018 --- P.C.:

1.

The petitioner, a member of Swapnalok-II Co-op.Housing Society Ltd. raises objection to the religious activities carried out by respondent no.3-Ridhi Sidhi Jain Sangh and A.S.M.P. The learned Counsel for respondent no.3 submits that these activities are carried out in a structure which is approved by the Corporation since last ten years. There was litigation before the Co-operative Court wherein the petitioner lost the case and then an appeal came to be filed against the said order before the appellate Court which was dismissed. The learned

pvr 6wp12488-17 Counsel for the Corporation submits that in past necessary steps were taken and notices were issued against the violators. 2.

In the facts, we find that no interference is warranted in view of the above stated facts and the statements made. 3.

In case the petitioner still desires to take steps, he may approach the alternate forum as prescribed in law. We do not express any opinion on the merits of the case.

Digitally signed by Prashant Vilas Rane Date:

2018.09.26 18:33:35 +0530 Prashant Vilas Rane 4.

Writ petition is accordingly dismissed.

[G.S. KULKARNI, J.] [ACTING CHIEF JUSTICE]