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Bombay High CourtWP/1712/2015disposed off

Mangilal Kesulal Jain v. The Slum Rehabilitation Authority Administrative Building And 4 ORS.

2017-09-04Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

28 wp 1712-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1712 OF 2015 Mangilal Kesulal Jain ..Petitioner v/s.

The Slum Rehabilitation Authority & Ors.

..Respondents Mr. Anand Giri for the Petitioner.

Mr. Abhijeet Desai for the Respondent No.1.

Mr. S.G.Kudle for the Respondent No.5.

Mr. Vishal Kanade a/w. Mr. A.S.Dayal i/b. ASD Associates for the Respondent No.4.

CORAM : SHANTANU KEMKAR & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : SEPTEMBER 04, 2017.

P.C.

.

Heard parties through their Counsel.

2.

The grievance of the petitioner is that though he was held eligible for being alloted shop no.36 by the Assistant Engineer, vide letter dated 22nd January, 2015 -Exhibit F, the actual possession of the said shop has been given to the respondent no.5 without their being any order to that effect.

3.

We find that the controversy involved in this petition is required pps

28 wp 1712-15.doc to be considered and decided by the Competent Authority of the first respondent.

4.

Under the aforesaid circumstances, with liberty to the petitioner to submit a detail representation with supporting documents before the Competent Authority, and by directing the said Competent Authority to consider the petitioner's claim and take appropriate decision on it in accordance with law, after giving due opportunity of hearing to the petitioner as well as to the 5th respondent, we dispose of this petition.

5.

Let the representation be submitted by the petitioner before the Competent Authority of the first respondent within two weeks from today. On receipt of such representation, the Competent Authority shall issue notice of the date of hearing to the petitioner, as also to the 4th and 5th respondents, and take appropriate decision on it in accordance with law as expeditiously as possible, and in any case, not later than three months from the date of receipt of the representation.

(ANUJA PRABHUDESSAI, J.) (SHANTANU KEMKAR, J.) pps