New Gautam Nagar S.R.A Chs. Ltd. v. The State Of Maharashtra And 4 ORS.

WPL. 2245-14 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 2245 OF 2014 New Gautam Nagar, SRA CHS Ltd.

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Petitioner Vs.

The State of Maharashtra & Ors.

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Respondents *** Mr. Makrand Kale, for the Petitioner.

Mr. J. S. Saluja, AGP for the Respondent - State. *** CORAM : V. M. KANADE, & A. R. JOSHI, JJ.

DATE : MARCH 9, 2015 PC.

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As per prayer clause (c), Petitioner is seeking appropriate writ, order or direction, directing Respondent No. 2 to consider the representations made by him within a time bound period. As per prayer clause (d) Petitioner is seeking direction to Respondent No. 3 to comply the order dated 21st March, 2009 passed by the High Power Committee. So far as prayer clauses (d) and (e) are concerned, this Court, while exercising jurisdiction under Article 226 of the Constitution of India, cannot pass the orders for executing the orders passed by the quasi judicial authority. Hence, we are not inclined to grant the relief, claimed in terms of prayer clause (d). Petitioner, 1 / 2

WPL. 2245-14 however, may adopt the measures for implementation of the said order, which has become final, in accordance with law. So far as prayer clause (c) is concerned, there is no impediment in granting the said relief. Respondent No. 2 is, therefore, directed to decide representations made by the Petitioner, as expeditiously as possible. With this direction, writ petition is disposed of. Sd/- Sd/- [A. R. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2