Dasharath G. Borade And 4 ORS v. Assistant Engineer Assistant Municipal Commissioner Office And 7 ORS

Sudhir Rane 914-WPL-3248-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3248 OF 2017 Dashrath G. Borade and others

...Petitioners.

Versus

Assistant Engineer and others

...Respondents.

....

Ms. Gayatri Singh, Senior Advocate i/b. Mr. Sangram Chinnappa for the Petitioners.

Ms. Pallavi Thakar for MCGM.

Ms. Deepali Patankar, AGP to Ms. P.H. Kantharia, GP for State. ....

CORAM : Smt. Vasanti A Naik & Riyaz I. Chagla, JJ.

DATE : 23rd November, 2017.

P.C. :

We find that there is mis-joinder of cause of action in the writ petition. We find that the petitioner No.5 is an association of certain slum dwellers and the slum dwellers are not personally joined as petitioners.

The petitioners are permitted to withdraw the writ petition with liberty to file an appropriate petition or proceedings. The writ petition stands disposed of as withdrawn. The points raised in the Writ Petition are kept open.

(Riyaz I. Chagla J) (Smt.Vasanti A Naik, J)