Ramashish Gopal Gupta And 2 ORS. v. State Of Maharashtra And 6 ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.511 OF 2015 IN WRIT PETITION NO.242 OF 2010 ALONG WITH WRIT PETITION NO.242 OF 2010 Ramashish Gopal Gupta .... Applicant In the matter between Ramashish Gopal Gupta & Ors.

.... Petitioners V/s.

The State of Maharashtra, Through Housing Secretary, Ministry of Housing, Mantralaya, Mumbai & Ors. .... Respondents Mr. Anand A. Pande, i/by Mr. A.R. Pande, for the Applicant/Petitioner.

Mr. Arvind Aswani, i/by Mr. J.G. Aradwad (Reddy) for Respondent No.3.

Mr. S.G. Surana for Respondent No.5.

Mr. K.G. Munshi, i/by M/s. Thakore Jariwala & Associates, for Respondent No.6.

CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 8 TH JULY, 2016.

P.C. :

1.

Heard Mr. Pande, appearing for the Applicant/Petitioner, and Mr. Munshi, appearing for Respondent No.6.

2.

Since the Writ Petition has been dismissed by this Court, according to the Petitioners / Applicants, for want of prosecution, for the reasons set 1/2 NMW-511-15.doc

out in the affidavit-in-support of the Notice of Motion, the said order is recalled. The Petition is restored to file. We have taken up the Petition for admission forthwith.

3.

Admittedly, the Petitioner is not a slum-dweller, nor is he a part of any Slum Rehabilitation Scheme implemented by the Slum Rehabilitation Authority with the help of private builders or parties. In such circumstances, at the instance of Petitioner No.1, who is stated to be a Corporator of the locality, we do not wish to examine the question and styled as a legal question. We dismiss the Petition. 4.

As regards the question which challenges constitution of the High Power Committee, we leave the legal controversy open for being decided at the instance of a more fitting person and in an appropriate situation. [DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2 NMW-511-15.doc