Badrudddin Zafar Shaikh v. The Asst. Commissioner/Ward Officer

rkm (61)wp-118-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.118 OF 2018 Badruddin Zafar Shaikh ..Petitioner.

Vs.

The Asst. Commissioner/Ward Officer ..Respondents.

Mr.Popat Raghunath Rathod, for the Petitioner. Ms.Pallavi Thakkar, for the Respondents.

CORAM : A.S. OKA & R.I.CHAGLA, JJ.

DATE :

22nd JUNE, 2018 P.C.

The learned Counsel appearing for the Petitioner states that out of the two substantive prayers, he is pressing only the prayer clause (b). Prayer clause (b) reads thus :

"This Hon'ble High Court may be pleased to issue writ of mandamus and or any order or directions in the nature of writ of mandamus directing the Respondent and their officers to change the permanent alternate accommodation of the Petitioner from Dahisar to Chambur i.e. Exc.C hereto annexed."

We have perused the representation made by the Petitioner, a copy of which is annexed on page Nos.27 and 28. In writ jurisdiction under Article 226 of the Constitution of India, we cannot issue a writ directing the Municipal Corporation to give a particular premises at a particular place to the Petitioner by way of alternate accommodation.

rkm (61)wp-118-18.odt However, we direct the respondents to decide the representation annexed on page nos.27 and 28 of the Petition (English translation at Exhibit F), within a period of one month from today. The decision taken on the representation be communicated to the Petitioner.

The Petition is disposed of on above terms (R.I. CHAGLA, J) (A.S. OKA, J)