Single Judge bench held that a criminal application seeking directions against a landlord or co-operative housing society is misconceived. The remedy lies exclusively in the Tenancy Court or Co-operative Court, not in Criminal Revision jurisdiction. Dismissed the criminal application as not tenable.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.143 OF 2008.
In
CRIMINAL WRIT PETITION NO.2113 OF 2007.
Ashok Jain ..Petitioner
versus
The Secretary,
Chandan Niwas C.H.S. Ltd.,
& Others ..Respondents
Petitioner in peson
Mr. D.S.Mhaispurkar, APP for the State
CORAM : B.H.MARLAPALLE &
R.Y.GANOO, JJ.
DATED : 20th June, 2008.
P.C.
1. We have heard Mr. Jain. Criminal Writ
Petition 2113 of 2007 filed by the petitioner was
rejected by the Division Bench on 3rd January, 2007
on merits.
2. This Application has been taken out in the
abovesaid petition praying for the very same relief
which was in the Writ Petition.
3. We are afraid, the application is
misconceived and the petitioner’s remedy for
seeking directions against the landlord or against
-2-
the Co-operative Housing Society would lie before
the Tenancy Court or the Co-operative Court as the
case may be.
4. Criminal Application is rejected as not
tenable.
(R.Y.Ganoo, J.) (B.H.Marlapalle, J.)
1 issue framed by the court
Whether a criminal application for directions against a landlord or co-operative housing society is the appropriate remedy.
Ashok Jain
The Secretary, Chandan Niwas C.H.S. Ltd.
B.H. Marlapalle
R.Y. Ganoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court