Sandeep Vedak v. State Of Maharashtra And ANR.

WP. 2521-17.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 2521 OF 2017 Sandeep Vedak ...

Petitioner Vs.

State of Maharashtra & Anr.

...

Respondents *** Mr. Amarnath R. Bhatt, for the Petitioner.

Mr. Sukanta Karmakar, AGP for the Respondent No. 1. Ms. Kejali H. Mastakar, for the Respondent - BMC. *** CORAM : A. S. OKA, & P. N. DESHMUKH, JJ.

DATE : JANUARY 22, 2018 PC :

1.

It is not in dispute that on the same subject, the present Petitioner had filed Writ Petition No. 2587 of 2016. The said writ petition was disposed of on 16th June, 2017 by the following order: "1.

Learned counsel appearing for the Petitioner seeks leave to withdraw the petition with liberty to file a proper representation.

2.

Accordingly petition is disposed as withdrawn with liberty as prayed."

2.

Now in this writ petition, a writ of mandamus is sought 1 / 2

WP. 2521-17.doc directing the Municipal Corporation to decide the representation Exhibit "T" to the petition.

3.

We find that the said representation is made not by the Petitioner but a Committee seeking relief for a Society . Therefore, the Petitioner has no locus to file this writ petition and seek a writ of mandamus on the basis of said representation. Hence, we decline to entertain the Petition and the same is disposed of. We, however, clarify that liberty granted to the Petitioner under order 16th June, 2016 will continue to remain available to him.

Sd/- Sd/- [P. N. DESHMUKH, J.] [A. S. OKA, J.] Vinayak Halemath 2 / 2