M/S. Samshing Estates Private Limited And ANR v. State Of Maharashtra And 3 ORS.

936.wpl 608.16.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 608 OF 2016 M/s.Smashing Estates Pvt.Ltd and another .. Petitioner Vs.

State of Maharashtra and others .. Respondents Mr.Surin Usgaonkar, Advocate for the Petitioner. Mr.Mohit Jadhav, AGP for State.

CORAM :

ANOOP V. MOHTA & G.S. KULKARNI, JJ.

DATE : 3rd March, 2016.

P.C. :

.

The petitioner has filed the present Writ Petition on 02/03/2016 inspite of the fact that the election programme of the Society in question was declared on 31/12/2015. This is solely on the ground that the election is to be held tomorrow and so also the declaration of it.

2.

Learned AGP pointed out that the petitioner has alternate remedy available. Even otherwise, taking over all view of the matter, at this stage of the election of the Society, there is no case made out as various questions of facts are involved including the issue of receipt of notice and sending of the notice by the concerned officer.

1/2

936.wpl 608.16.doc 3.

Petition is dismissed with liberty to approach to the appropriate forum.

(G.S.KULKARNI, J.) (ANOOP V. MOHTA, J.) 2/2