Chiman S/O. Dayaldas Sainani v. Contrtoller Of Accommodation And 2 ORS.

oswp2337 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2337 OF 2013 Chiman S/o Dayaldas Sainani

...Petitioner

vs.

Controller of Accommodation (Office of Controller of Accommodation) & Ors.

...Respondents

Mr.A.R.Pai i/b Ms Bina Pai for the Petitioner Mr.R.J.Mane AGP for the State CORAM : A.S.OKA, & A.P.BHANGALE, JJ.

DATE : APRIL 15, 2015 P.C.:

Heard the learned counsel for the petitioner. It is an admitted position that an appeal is available against the impugned order dated 3rd June 2013.

The contention of the learned counsel for the petitioner is that the Authority which has passed order of eviction had no jurisdiction to pass the said order. The submission is that the order is completely illegal.

All the contentions raised in this petition can be always gone into by the Appellate Authority. Even if the petitioner does not succeed before the Appellate Authority, he has a remedy available before this Court. Hence, at this stage, we decline

oswp2337 to entertain this petition. Accordingly, petition is disposed of. We grant liberty to the petitioner to adopt statutory remedy.

To enable the petitioner to adopt statutory remedy and seek appropriate interim relief, we direct that ad-interim relief granted on 28th June 2013 shall continue to operate for a period of three months from today. All contentions on merits are kept open.

(A.P.BHANGALE,J.) (A.S.OKA,J.)