Dismissing a writ petition where petitioners sought to challenge rateable value orders. The court held that since the specific statutory appeal under the Bombay Municipal Corporation Act was already filed, no writ interference was called for.
Writ petition dismissed with no orders as to costs.
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 ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
WRIT PETITION NO.607 OF 2009 .
Shri Hastimal G. Chandan & Ors. ..Petitioners.
vs.
Municipal Corporation of Greater Mumbai & Ors. ..Respondents.
Mr. Bhandary, i/b. Bhandary & Bhandary, for Petitioners. Ms. T.H. Puranik, for Respondents.
CORAM : S.J.KATHAWALLA, J. DATE : 3RD AUGUST 2009.
P.C.
By this writ petition, the petitioners have impugned the
orders of the Municipal Corporation of Greater Mumbai, dated 23rd March 1999, 26th March 2002 and 7th March 2003 fixing rateable value
of the petitioner’s property. The remedy to impugn these orders is provided under section 217 of the Bombay Municipal Corporation Act, 1888 (the said Act). In fact, in respect of all the orders impugned by
way of this writ petition, the petitioners have already preferred appeals
before the Small Causes Court, Mumbai.
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section 217 (5) of the said Act. The petitioners also preferred a review
application/petition before the Small Causes Court seeking exemption from deposit of the entire amount as required under section 217(5) of the said Act, which was rejected on 27th July 2007. The present writ petition is thereafter filed on 4th March 2009.
Since the said Act provides for an appeal from the orders impugned in this writ petition which were passed in the years 1999, 2002 and 2003
and the appeal provided under the Act is already filed by the petitioners, no interference is called for by this Court in its writ jurisdiction.
costs.
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction to impeach an order when an appeal is provided by statute and has already been filed.
1 provisions across 1 enactments
Shri Hastimal G. Chandan & Ors.
Municipal Corporation of Greater Mumbai & Ors.
S.J.KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
