Sumermal Kisturchand Sheth v. Union Of India And 2 ORS

5-OSWP1622-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1622 OF 2019 Sumermal Kisturchand Sheth

...Petitioner

Versus

Union of India & Ors

...Respondents

Mr Atul Damle, Senior Advocate, with Sapna Krishnappa, for the Petitioner.

Mr SK Halwasiya, with Atul S Singh, for Respondents Nos. 1 and 3.

Mr Arsh Misra, i/b MV Kini & Co., for Respondent No. 2. CORAM: S. C. DHARMADHIKARI & G.S. PATEL, JJ DATED: 8th July 2019 PC:- Heard 1.

We do not think that any right is vested in the petitioner to seek an exemption. It is entirely a policy matter. Whether exemption should be granted or not depend on several factors which we do not think are judicially manageable. We think that we should refrain from exercising our writ jurisdiction and not issue directions to consider the request for that would have serious consequences. 2.

We do not find that a writ can be issued as prayed and particularly in terms of prayer clauses (a) and (b). 8th July 2019

5-OSWP1622-19.DOC 3.

The petition is entirely misconceived and is dismissed. (S. C. DHARMADHIKARI, J) (G. S. PATEL, J) 8th July 2019