Jai Nketan Associates v. State Of Maharshtra And ORS.

33-WP.1591.2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1591 OF 2014 M/s.Jai Niketan Associates } Petitioner versus State of Maharashtra and Ors. } Respondents Mr.H.V.Kumarswami for the petitioner.

Mr.Amit Shastri-AGP for State.

Mr.Rohan Savant i/b. M/s.Equip Legal for respondent nos. 3 to 5.

Mr.Shreepad Murthy i/b. Mr.Abhishek Patil for respondent no.6.

Mr.Ashwin Sakolkar with Ms.Rupali Adhate for the Municipal Corporation.

CORAM :- S. C. DHARMADHIKARI & G. S. PATEL, JJ.

DATED :- JUNE 3, 2019 P.C. :- 1.

If the petitioner has an obstacle in the form of a condition to be fulfilled and that condition is imposed by the Municipal Corporation, the remedy of the petitioner is to challenge that condition or sue the co-operative housing societies from whom, the Municipal Corporation insists, that the petitioner should obtain a no-objection certificate. In other words, the condition imposed on the petitioner that he should obtain a no-objection J.V.Salunke,PS

33-WP.1591.2014.doc certificate from three co-operative housing societies can only be questioned by filing a civil suit. The civil suit should be filed in a competent civil court and with proper declarations and prayers. In the event such a suit is filed, it shall be decided on its own merits and in accordance with law uninfluenced by our disinclination to entertain this writ petition. 2.

Given the factual dispute involved and which cannot be resolved in our writ jurisdiction, the writ petition is dismissed subject to above.

(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PS