Sumanabi Kamalchand Pahade v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6594 OF 2015 Sau.Sumanbai w/o Kamalchand Pahade Petitioner

Versus

The State of Maharashtra & others Respondents Mr.V.I.Thole with Mr.A.V.Thole, advocates for the petitioner Mrs.A.V.Gondhalekar, A.G.P. for Respondent No.1. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 02nd July, 2015 PER COURT:

It is not in dispute that the petitioner is an adjacent property holder of the Respondent No.3 and according to petitioner, as a result of construction activity conducted at the instance of Respondents No.3 to 5, petitioner is suffering damage to her property. According to her, construction permission issued by the Municipal Corporation is not in accordance with the Rules and Regulations and there is violation of relevant provisions thereof.

Considering the facts and circumstances of the case, it would be open for the petitioner to approach the competent Civil Court and secure appropriate orders. In exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, no interference is called for.

Writ Petition stands dismissed.

P.R.BORA R.M.BORDE JUDGE JUDGE