Shaikh Abdul Kadar Khaja Shaheb And 7 ORS. v. The Municipal Corporation Of Greater Bombay And 9 ORS.

16. wp 1446.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1446 OF 2016 Shaikh Abdul Kadar Khaja Shaheb and ors.

.. Petitioners Vs.

The Municipal Corporation of Greater Bombay and ors.

.. Respondents Mr.Omprakash Pandey, for the Petitioners.

Ms.Vandana Mahadik, for Respondents No. 1 to 4 - BMC. Mr.Chetan Kapadia a/w Mr.Vishal Thaker, for Respondent No.5. Mr.Pravin Samdhani, Senior Counsel a/w Mr.Tushar Goradia, for Respondents No. 6 to 9.

CORAM : NARESH H. PATIL AND M.S.KARNIK, JJ.

16th NOVEMBER, 2016 P.C. :

.

Heard.

2.

The petitioners's grievance is that they are the rightful owners and possessors of the subject plot. The respondents are trying to interfere in possession. They obtained certain permissions from the Corporation. The petitioners have serious apprehension that the respondents would demolish the structure which is owned and possessed by the petitioners. The 1/2

16. wp 1446.16.doc petitioners place reliance on revenue entries and property card entries to establish their title and possession. 3.

Perused the record. Considered the submissions advanced. In exercise of our writ jurisdiction and in facts, we are not inclined to entertain the petition. However, petitioners are at liberty to resort to appropriate alternate remedy in respect of the subject issue. All issues are kept open. It is clarified that we have not expressed any opinion on merits.

4.

Writ Petition is disposed of.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 2/2