Abhilasha Railway Employee'S Co-Operative Housing Society Ltd. v. The Municipal Corporation For Greater Mumbai

wp-887.14 os pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.887 OF 2014 Abhilasha Railway Employee's Co-operative Housing Society Ltd.

... Petitioner Vs.

The Municipal Corporation for Greater Mumbai ... Respondent Mr. P.K. Pandey i/by Clayderman & Co., for the Petitioner. Ms. Shobna Ajitkumar, for the Respondent - BMC. CORAM : A.S. OKA & A.P. BHANGALE, JJ.

DATE : 23rd MARCH, 2015 P.C.

.

By this Petition under Article 226 of the Constitution of India which is filed on 20th March, 2014, the challenge is to the 11 supplementary bills dated 25th March, 2005 which were admittedly served to the Petitioner in the year 2005.

2.

The only explanation for gross delay in filing this Petition is that after service of the said bills, repeated representations were made by the Petitioner against the said bills. The law is very well settled. Making such repeated representations is no explanation for several years for delay. If according to the Petitioner, representation made in

wp-887.14 os 2005 was not decided, the Petitioner ought to have approached this Court within a reasonable time. Therefore, we decline to entertain this Petition. However, if representations made by the Petitioner against the said bills are pending, the same will have to be decided by the Municipal Corporation in accordance with law. 3.

Hence, we pass the following order :

ORDER

(i) The Petition is rejected only on the ground of delay; (ii) If representations made by the Petitioner against the 11 supplementary bills which are subject matter of challenge in this Petition are pending with the Respondent - Corporation, appropriate decision shall be taken on the said representations within a period of two months from today. If representations are already decided, the Respondent - Municipal Corporation shall serve copies of the orders passed on the representations to the Petitioner within a period of two weeks from today;

(ii) All concerned to act upon an authenticated copy of this order.

(A.P. BHANGALE, J ) (A.S. OKA, J )