Bandra Reclamation Area Volunteers Organization (Bravo Through Its Hon. Secretary) v. Vice Chairman And Managing Director Maharashtra State Road Development Corporation (Msrdc)And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 29883 OF 2021 Ravindra Joshi Medical Foundation & Ors. ... Petitioners

Versus

Vice Chairman & Managing Director Maharashtra State Road Development & Ors.

... Respondents WITH WRIT PETITION NO. 3707 OF 2021 Bandra Reclamation Area Volunteers Organization ... Petitioner

Versus

Vice Chairman & Managing Director Maharashtra State Road Development & Ors.

... Respondents ****** Mr. O.P. Parihar for the Petitioner.

Mr. Saket Mone a/w Shrey Shah i/b Vidhi Partners for Respondent No. 1.

Mr. Hemant Harya a/w Ms. Oorja Dhond AGP for the State.

****** CORAM: A. A. SAYED & ABHAY AHUJA, JJ.

DATE : 23rd DECEMBER 2021.

P.C. :- 1.

The Petition has been filed seeking the following

reliefs:

"(b) That this Hon'ble Court be pleased to issue Writ of Mandamus and/or any other order or direction inter alia directing the Respondent Nos. 1 to 3 there by permitting the Petitioners to organize the celebrate Bandra Festival event at Bandra Reclamation Sea Link Promenade and surrounding areas thereto in terms of letters at Exhibit "D".

(c) That this Hon'ble Court be pleased to issue Writ of Mandamus and/or any other order or direction inter alia directing the Respondent Nos. 1 to 3 to refrain from permitting Respondent No. 4 from organizing similar and identical event of the Petitioners at Bandra Reclamation Sea Link Promenade and surrounding areas thereto".

2.

We are informed that Respondent No. 4 has already been granted permission to organize the Bandra festival at Bandra Reclamation Sea Link Promenade and surrounding areas.

3.

In the circumstances, prayer clause (b) of the Writ

Petition is rendered infructuous. So far as prayer clause (c) is concerned, no such blanket direction as sought can be granted to the Petitioners against the Respondent No. 4 in the exercise of Writ jurisdiction of this Court. The Writ Petition is accordingly dismissed.

4.

In the event the Petitioners having any grievance in respect of improper use of the premises by Respondent No. 4, it will be open for the Petitioners to make a representation to the Respondent No. 1 which shall be considered in accordance with law.

(ABHAY AHUJA, J.) (A. A. SAYED, J.)