Srinivas V. Kulkarni And ORS. v. Rajeshwari Krupa C.H.S. Ltd. And ORS.

ash wp-11794.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11794 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Mayuresh D. Modgi for the Petitioners.

Shri Abhijeet J. Kandarkar for the Respondent No.1. Shri A.S. Rao for the Respondent No.2.

Mrs. M.P. Thakur, AGP for the Respondent No.4. Mrs. Neeta Karnik for the Respondent No.5.

- CORAM :

A.S. OKA & C.V. BHADANG, JJ DATED :

6TH JANUARY 2016 P.C.:

.

Heard learned counsel appearing for the Petitioners, learned counsel appearing for the Administrator of the first Respondent Society and the learned counsel appearing for the Fifth Respondent. 2.

The issue whether the Letter of No Objection dated 24th February 2013 is legal and valid cannot be decided in writ jurisdiction under Article 226 of the Constitution of India. Nevertheless, on the basis

ash wp-11794.15 of the complaint made by the first Respondent, the Municipal Corporation by its letter dated 6th September 2015 has informed the First Respondent that notice will be issued to the Developer calling upon him to explain and thereafter, appropriate action will be taken. The learned counsel appearing for the Second Respondent Municipal Corporation states that in terms of the said letter, steps will be taken by the Municipal Corporation. We accept the said statement.

3.

Hence, there is no reason to entertain this Petition. Subject to what is observed above, the Petition is rejected. All contentions of the parties on merit are kept open.

(C.V. BHADANG, J) (A.S.OKA, J)