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Bombay High CourtWP/4923/2018disposed off

Rangrej Yaar Mohammad Dargahi v. Bhiwandi Nizampura City Municipal Corporation , Through Its Commissioner And ORS.

2018-04-19Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

509-WP-4923-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4923 OF 2018 Mr. Rangrej Yaar Mohammad Dargahi ... Petitioner

Versus

Bhiwandi Nizampur City Municipal Corporation and Anr.

... Respondents Mr. Somnath Thengal, i/b. Mr. Asif Iqbal Momin for the Petitioner. Mr. Manish M. Pabale, AGP for Respondent No.6.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATED:

19TH APRIL 2018.

PC:- 1.

Not on board. Taken on board.

2.

Heard learned counsel appearing for the Petitioner. Before filing this Petition seeking a Writ of Mandamus under Article 226 of the Constitution of India, the Petitioner has not approached the Respondent No.1 calling upon the said Respondent to perform its statutory duty. Moreover, the Respondent No.1 has made available a Grievance Redress Mechanism enabling the citizens to complain about the illegal constructions.

3.

Therefore, we decline to entertain this Petition under Article 226 of the Constitution of India. The Writ Petition is disposed of. 1/2

509-WP-4923-2018.DOC 4.

However, it will be open for the Petitioner to take recourse to the Grievance Redress Mechanism provided by the Municipal Corporation.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2