Umakant Baburao Chavare v. The State Of Maharashtra And 3 Others

oswp1146 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1146 OF 2016 Umakant Baburao Chavare

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

Mr.Siddharth P. Munghate for the Petitioner Mr.M.A.Sayed, AGP for the respondent Nos.1 and 2. CORAM : A.S.OKA, & G.S.KULKARNI,JJ.

DATE : DECEMBER 20, 2016 P.C.:

The learned AGP has tendered across the bar an affidavit of Shri Ravinder Laxman Kamtekar, Nayab Tahsildar, Office of the Deputy Collector En/R, Andheri-II, SRA Building, 5th floor, Banda (East), Mumbai-400051. A copy of communication dated 8th April 2015 issued to the petitioner has been annexed to the said affidavit. The said communication shows that the application at Exhibit-H has been disposed of. It is contended that an efficacious remedy of appeal under the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment)Act,1971 is available to the petitioner.

The learned counsel for the petitioner submits that the petitioner has not received the communication dated 19th July 2013 as well as 8th April 2015. If that be so, it will be a ground to seek condonation of delay in the proceedings which

oswp1146 may be adopted to challenge the said communications. Only substantive prayer in this petition has been worked out. We, therefore, decline to entertain this petition.

However, the remedy of the petitioner of challenging the communications dated 19th July 2013 and 8th April 2015 is kept open. The petition is disposed of.

(G.S.KULKARNI,J.) (A.S.OKA,J.)