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Bombay High CourtWP/876/2019rejected

Ganesh Sunil Mahashilkar v. Union Of India Through Secretary Of Railway Transport And ANR.

2019-03-22Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice M.S. Sanklecha1 pages

SKN 1/1 960.19-wpl..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LDG.) NO. 960 OF 2019 Ganesh Sunil Mhashilkar.

...

Petitioner.

V/s.

Union of India and another.

...

Respondents.

Mr.Ansari Asggar Kalim for the petitioner.

CORAM :

A.S.OKA AND M.S.SANKLECHA, JJ.

DATE :

22nd March 2019 P.C.:

Not on board. Taken up on board.

2.

The petitioner is the owner of a structure subject matter of this petition. On the said structure, M/s. Reliance Jio Infocomm Limited has erected a mobile antenna without obtaining permission of the competent authority. If the antenna is removed, the said Company will be the sufferer and, therefore, the said Company is the affected party. The Company has not come forward to challenge the notice of removal of the mobile antenna. Hence, at the instance of the petitioner, the present petition challenging the notice/order directing removal of mobile antenna which is erected without obtaining permission cannot be entertained. Accordingly, the petition is rejected.

(M.S.SANKLECHA, J.) (A.S.OKA, J.)