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Bombay High CourtWP/3276/2019disposed off

Harpreet Kaur Sandhu v. Municipal Corporation Of Greater Mumbai Through Its Commissioner And 3 ORS.

2019-12-03Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice B.P. Colabawalla2 pages

5.wp.3276.2019.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3276 OF 2019 Harpreet Sandhu

...Petitioner.

vs M.C.G.M. Mumbai & Ors.

...Respondents

.....

Mr. G.S.Godbole i/b Mr. C.K.Bhangoli for the Petitioner Mr. Dhakephalkar, Sr. Advocate i/b Mr. P.J.Thorat for Respondent Nos. 3 and 4. Ms. Dhruti Kapadia a/w Ms. Yamuna Parekh for the Respondent/M.C.G.M. .....

CORAM : S. J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATED 03 DECEMBER, 2019.

P.C. :

The Petitioner is the above Writ Petition has inter alia prayed for the following relief :

"(a) That this Court be pleased to issue Writ of Mandamus and or any other Writ, Order or Direction in the nature of Mandamus thereby directing the Respondent No.1 Corporation to decide the complaint/representation dated 29.1.2019 Ex."A" filed by the petitioner seeking disqualification of the Respondent No.3 under Section 16(1D) of the Respondent No.3 in accordance with law."

2.

In view thereof, the Municipal Corporation shall decide the representation of the Petitioner dated 29 th January, 2019 including the issue of maintainability, purely on merits. Respondent Nos.3 and 4 will be at liberty to make their submissions, orally as well as in writing, before the Commissioner. All Pg 1 of 2

5.wp.3276.2019.doc contentions of the parties are kept open. The Writ Petition is accordingly disposed of.

(B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. ) Pg 2 of 2