Rajul Rajendraprasad Yadav And 3 ORS v. Municipal Corporation Of Greater Mumbai And 3 ORS

528-WPL-1355-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1355 OF 2018 Mr. Rajul Rajendraprasand Yadav & Ors.

... Petitioners

Versus

Municipal Corporation of Gr. Mumbai & Ors.

... Respondents Mr. R.A. Thorat, Senior Counsel with Mr. S.P. Chavan for the Petitioners.

Ms. Shital Mane, for Respondent - BMC.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATED:

19TH APRIL 2018.

PC:- 1.

Not on board. Taken on board.

2.

From the perusal of prayer clause (b), it appears that there is already a notice issued on 16th September 2013, under Section 354 of the Mumbai Municipal Corporation Act, 1888. There is no challenge in this Petition to the said notice. However, Petitioners want injunction preventing the Municipal Corporation from acting upon the said notice. Hence, no case is made out to interfere in Writ Jurisdiction.

3.

Writ Petition is rejected. If a remedy before Civil Court is available, the Petitioners are free to adopt the same. ( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 1/1