Savitaben Harshadrai Desai v. The Municipal Corp. For Greater Mumbai And ANR.

903.WP2457_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 2457 OF 2014 Savitaben Harshadrai Desai ... Petitioner vs.

The Municipal Corporation for Greater Mumbai & Anr.

...

Respondents Mr. Tanvir Shaikh, Advocate for the petitioner. Ms. Vandana Mahadik, Advocate for respondent no. 1/BMC. Mr. Vijay Patil, Advocate for respondent no. 2. CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 29th January, 2015.

P.C.

Heard.

Ms. Mahadik, the learned counsel for the Corporation raises a preliminary objection to the tenability of the Writ Petition. It is stated that the petitioner can challenge the tax bills under section 217 of the Mumbai Municipal Corporation Act. It is stated that several disputed questions of facts are involved in this Writ Petition.

We uphold the preliminary objection raised on behalf of the Corporation and decline to entertain the Writ Petition. The petitioner is, however, at liberty to file an appropriate proceedings.

903.WP2457_2014.doc The Writ Petition is disposed of, with no order as to costs. The points raised in the Writ Petition are kept open. (C.V. BHADANG, J.) (VASANTI A. NAIK, J.)