Bhagwat Sukhdev Singh v. The State Of Maharashtra And 2 ORS

wp-2228.15.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2228 OF 2015 Bhagwat Sukhdev Singh ... Petitioner Vs.

The State of Maharashtra and Ors.

... Respondents Mr. Vincent X. D'Silva for the Petitioner.

Ms. Vandana Mahadik for the Respondent.

CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE :

28th JUNE, 2017 P.C.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the Mumbai Municipal Corporation. Prayer clause (a) is the only substantive prayer in this Petition which reads thus :- "(a) That by an appropriate writ, order and/or direction, the respondents jointly and/or severally be ordered, to provide to the petitioner, alternate commercial premises in lieu of his premises at such suitable location as per their policies/circulars/notification in that regard." In this Petition, the petitioner has not relied upon any

wp-2228.15.odt particular policy of the State Government or of the Mumbai Municipal Corporation under which he can seek alternate accommodation or relocation. Even in the representation dated 25 th March, 2015 made by the petitioner before filing this Petition, any particular policy is not set out.

Unless the petitioner makes out a case that he is entitled to alternate accommodation or relocation on the basis of a specific policy, this Writ Petition cannot be entertained. We dispose of the Petition by permitting the petitioner to make a fresh representation to the respondents by producing a copy of the policy on the basis of which the petitioner is seeking relief. If such representation is made, the concerned authority shall dispose of the same as expeditiously as possible. Petition is disposed of on above terms. (SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)