Ambadas Babu Bhise v. The State Of Maharashtra And 2 Others

oswp2467 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2467 OF 2015 Ambadas Babu Bhise

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

None for the Petitioner None for the respondents CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : JANUARY 11, 2016 P.C.:

None appears for the petitioner.

Only substantive prayer in this petition under Article 226 of the Constitution of India is the prayer clause (a) which reads thus:

"(a) Be pleased to issue writ of Mandamus or other appropriate writ, direction/s, or order directing the respondents to provide immediate alternate accommodation/s to the petitioner and other tenants by way of rent or transit."

We find from the averments made in the petition and from the annexures to the petition that appropriate representation seeking alternate accommodation was not made by the petitioner before filing this petition seeking a writ of mandamus. The petitioner has merely sought information under

oswp2467 the Right to Information Act,2005.

Therefore, we decline to entertain this petition under Article 226 of the Constitution of India. However, it will be open for the petitioner to make a representation to the second and third respondents who shall consider the same in accordance with law. All contentions on merits are kept open. Writ petition is disposed of.

(C.V.BHADANG,J.) (A.S.OKA,J.)