Haji Rashid Ahmed Haji Mohd Hasan v. The State Of Maharashtra And 4 ORS

WPL. 2219-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 2219 OF 2015 Haji Rashid Ahmed Haji Mohd. Hasan ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** None for the Petitioner.

Mr. Sa. Khan, for Respondent No. 4.

Mr. G. B. Walawalkar i/b S. P. Thorat, for Respondent No. 5. *** CORAM : V. M. KANADE, & B. P. COLABAWALLA, JJ.

DATE : AUGUST 4, 2015 PC.

.

By this writ petition, which is filed under Article 226 of the Constitution, Petitioner has challenged the order passed by the Respondent under Section 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The Petitioner has challenged the said order by filing writ petition before the Single Judge, which was dismissed by order dated 20th July, 2015 passed in Writ Petition (St.) No. 16181 of 2015. Thereafter again second petition i.e. present petition has been filed, challenging the same order. In our view, second petition which is filed is not maintainable and is, therefore, dismissed, since it is barred on the principles of res-judicata / constructive res-judicata. Writ petition is accordingly disposed of.

Sd/- Sd/- [B. P. COLABAWALLA, J.] [V. M. KANADE, J.] Vinayak Halemath 1 / 1