Sarwani Devi Wd/O Nagarmal v. Union Of India And 2 ORS.

oswp1393 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1393 OF 2016 Sarwani Devi Wd/o Nagarmal

...Petitioner

vs.

Union of India & Ors.

...Respondents

Mr.Pradeep J. Thorat for the Petitioner None for the respondents CORAM : A.S.OKA, & SMT.ANUJA PRABHUDESSAI,JJ.

DATE : DECEMBER 9, 2016 P.C.:

Prayer clause (a) of this petition reads thus: "(a) That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order and/or direction in the nature of Mandamus, directing the Respondents to permit the Petitioner to open the said premises i.e Jai Jawan Stall No.1 situate at R.C.Church, Colaba, Mumbai and conduct her business from the same without any obstruction in accordance with the Letter of Allotment dated 15th August 1972."

Admittedly, in respect of the same stall the present petitioner filed a S.C.Suit No.2117 of 2011 before the City Civil Court, Mumbai.

The substantive prayer in the suit was for a declaration

oswp1393 that the present petitioner is entitled to carry on business in the stall subject matter of this petition. Injunction was sought restraining the defendants in the suit from interfering and obstructing the petitioner from carrying on the business.

We find that the Union of India, Ministry of Defence (Sub-Areas) (Station Cell) and Defence Estate Officer were parties to the suit. Admittedly, the suit has been dismissed for non prosecution. The plaintiff has not applied for restoration of the suit.

Hence, this is a fit case where the petitioner should not be allowed to invoke writ jurisdiction under Article 226 of the Constitution of India. Writ petition is rejected.

(ANUJA PRABHUDESSAI,J.) (A.S.OKA,J.)