The Bombay High Court dismissed a writ petition challenging a notice of recovery issued by the Collector. The court held that the petitioners lacked locus-standi and directed them to seek appropriate remedies in the proper forum, finding no merits in the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7747 OF 2007
Sanjay Chugh & ors.... Petitioners
V/s
State of Maharashtra & ors.
... Respondents
Mr. V.A.Sugdare for the petitioners.
Mr. V.A.Sonpal, A.G.P. for the Respondent No.2.
CORAM:J.N.PATEL AND
SMT. NISHITA MHATRE, JJ.
DATED: 10TH DECEMBER, 2007.
P.C.:
1. The petitioners are the owners of commercial
tenements in Worli Sagar Co-operative Housing Society,
against whom the Collector Mumbai has issued a notice of
recovery. Prima facie, this Court is of the view that
the petitioners do not have any locus-standi to
challenge the said notice. If at all they have any
grievance, they can agitate it at the appropriate forum
against the remedy. Therefore, we do not find any
merits in the petition. Petition dismissed.
(J.N. PATEL, J.)
2
(SMT.NISHITA MHATRE, J.)
2 issues framed by the court
Whether the petitioners have locus-standi to challenge the notice of recovery issued against them.
Whether the writ petition can be maintained by owners of commercial tenements against a recovery notice issued by the Collector.
Sanjay Chugh & ors.
State of Maharashtra & ors.
J.N.PATEL
NISHITA MHATRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court