Sampurna Singh Aujla v. State Of Maharashtra And 7 Others

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 437 OF 2015 Sampurna Singh Aujla ...

Petitioner Vs.

State of Maharashtra & Ors.

...

Respondents *** Mr. Asit K. Singh, for the Petitioner.

Mr. Mahesh Yadav, Respondent No. 6 in person. *** CORAM : V. M. KANADE, & A. R. JOSHI, JJ.

DATE : MARCH 16, 2015 PC.

.

By this petition, which is filed under Article 226 of the Constitution of India, Petitioner is seeking following reliefs: "(a) That this Hon'ble Court may be pleased to issue writ of mandamus and / or any other writ of such nature directing (i) The Respondent No. 1 to inquire into the allegation of petitioner against the Respondent Nos. 2 to 6 and submit the report before the Hon'ble Court and (ii) after going through report the take action against the Respondent Nos. 2 to 6.

(b) The Hon'ble Court may be pleased to pass the order and restrain to the Respondent Nos. 2 to 6 from 1 / 3

initiating any proceedings such as eviction suit or recovery of money against the petitioner and the other occupants / slum dwellers of the Agarwal Nagar be residing at C. T. S. No. 1503 at village Marol, taluka Andheri, M. S. D. unless the Respondent Nos. 2 to 6 seeks the permission from Competent Authority to file suit.

(c) That the Hon'ble Court may be pleased to issue the writ of certiorari and / or any such other writ calling upon the records and proceedings of R. A. E. & R. Suit No. 365/ 2009 pending in the Bandra Small Causes Court filed by the Respondent No. 2 to 6 against the Petitioner and after going through the said records and proceedings, the Hon'ble Court be pleased be quashed and set aside / dismissed the R. A. E. & R. Suit No. 365 of 2009.

(d) Pending the hearing and final disposal of this petition the R. A. E. & R. Suit No. 365 of 2009 filed by the Respondent No. 2 to 6 against the Petitioner pending in the Small Causes Court Bandra be stayed.

(e) That urgent ad-interim and interim reliefs be granted to the Petitioner in terms of prayer clause - (a) to (d) above.

(f) That cost of the petition be provided for;

2 / 3

(g) That such other and further reliefs be granted to the Petitioner as this Hon'ble Court deem fit and proper." 2.

So far as prayer clauses (b) and (c) are concerned, these prayers cannot be granted while exercising our writ jurisdiction under Article 226 of the Constitution of India. So far as prayer clause (a) is concerned, a direction sought by the Petitioner also cannot be granted. However, if representation is made by the Petitioner to the appropriate authority of Respondent No. 1, the same may be decided expeditiously on its own merits and in accordance with law, if possible within a period of 8 weeks thereafter. With these directions, writ petition is disposed of.

Sd/- Sd/- [A. R. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 3 / 3