High Court dismissed writ petition challenging illegal demolition of structure. Bench held petition involves disputed facts and could not be entertained, dismissing it without expressing opinion on merits.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 2642 OF 2005
MRS. MUMTAZ ABDUL AZIZ MALIK .. PETITIONER
Versus
THE STATE OF MAHARASHTRA & ORS... RESPONDENTS
Mr. R. C. Mishra i/b M. P. Mishra for petitioner
Mr. B. Shroff, AGP for R
CORAM:-SMT. RANJANA DESAI &
A. S. OKA, JJ.
DATED:-19/11/2005
P.C.
. Heard learned counsel for the petitioners.
2. The structure in question is already
demolished. The petitioners are seeking
declaration that the demolition action of the
defendant 2 dated 21/1/05 is illegal, bad in law,
improper and the same has been done without
following due process of law as the structures are
protected as per the policy of Government of
Maharashtra. They are also seeking a direction to
the defendants to permit them to construct the said
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structures.
3. This petition involve disputed questions of
facts. We are unable to entertain this petition.
Hence dismissed. The petitioners will be at
liberty to file a suit, if they are so advised. We
have expressed no opinion on merits of the case.
(SMT. RANJANA DESAI,J.)
(A. S. OKA, J.)
1 issue framed by the court
Whether writ jurisdiction can be exercised in the face of disputed questions of fact.
MRS. MUMTAZ ABDUL AZIZ MALIK
THE STATE OF MAHARASHTRA
RANJANA DESAI
A. S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court