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Bombay High CourtWP/561/2016absolute

Ismail Musabhai Bilakhiya v. The General Manager And ANR

2016-12-08Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.561 OF 2016 ALONG WITH WRIT PETITION NO.825 OF 2016 WP NO.561 OF 2016 Ismail Musabhai Bilakhiya.

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Petitioner Vs The General Manager and Another.

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Respondents -- WP NO.825 OF 2016 Shabbir Taiyabali Paperwala.

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Petitioner Vs The General Manager and Another.

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Respondents - Shri K.P. Reshma Ravi i/b K.P. Ravi for the Petitioner in both the matters. Ms. Kavita Anchan i/b M.V.Kini & Co for the Respondents in both the matters.

-- CORAM :

A.S. OKA & SMT.ANUJA PRABHUDESSAI, JJ DATED :

8TH DECEMBER 2016 P.C.

1.

Rule. The Advocate on record for the Respondents waives service. Forthwith taken up for final disposal. 2.

The Petitioners in both these Petitions have made Applications to the first Respondent for grant of electricity connection to the premises more particularly described in the Petitions. The

learned counsel appearing for the Respondents on instructions states that the Applications made by the Petitioners for grant of electricity connection are not yet decided and the same have been kept pending on the ground that the Mumbai Municipal Corporation has invited attention of the Respondents to the order dated 11th September 2014 passed by the learned Single Judge of this Court in Civil Application No.3802 of 2012 in First Appeal No.1599 of 2013. 3.

On plain reading of the said order, we are of the view that the same does not come in the way of the first Respondent considering the Applications made by the Petitioners for grant of electricity connection. Accordingly, we dispose of the Petitions by passing the following order.

ORDER :

(a) We direct the first Respondent to decide the pending Applications of the Petitioners for grant of electricity connection in accordance with law as expeditiously as possible and in any event within a period of one month from the date on which the order is uploaded;

(b) We make it clear that the Applications shall not be rejected on the basis of the order dated 11th September 2014;

(c) Rule is partly made absolute on above terms.

(SMT.ANUJA PRABHUDESSAI, J) ( A.S. OKA, J )