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Bombay High CourtWP/10349/2015

Mr. Mohammad Hanif S/O Musa Mirza Khan v. Sdo Wesrern Suburb And ANR.

2015-12-08Hon'Ble Shri Justice M.S. Sonak1 pages

rrp 926-wp-10349-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION WRIT PETITION NO.10349 OF 2015 Mr.Mohammad Hanif ..

Petitioner S/o. Musa Mirza Khan Vs.

1.SDO Mumbai Western Suburbs ..

Respondents

2. Mr.Abdul Munaf Siddique ......

Mr.Shaikh Sameer Ismail for Petitioner.

Mr.Uday Warunjikar a/w. Mr. Dhananjayrao Dnyaneshwar Ranaware for Respondents.

.......

CORAM : M.S.SONAK, J.

DATE : 8th DECEMBER, 2015.

P.C.:

1.

There is no necessity to entertain this petition. In fact, on the earlier occasion the petitioner had applied for withdrawal of this petition, but the learned Counsel for the respondent opposed the motion for withdrawal by submitting that the very institution of this petition was abuse of process of this court.

2.

In the peculiar facts and circumstances of the case there is no necessity to pursue the matter any further. However, the tendency of rushing to this Court to obtain interim orders within a period of one day from the date of lodging of appeal before the concerned Deputy Collector requires to be deprecated. By this modus operandi the petitioner virtually seeks to convert this Court into some kind of an alternate forum to the statutory authorities provided under the Act. 3.

With the aforesaid observation this petition is dismissed. 4.

There shall be no order as to costs.

(M.S.SONAK, J.) 1/1