High Court dismissed writ petition challenging order under Maharashtra Slum Area Act on maintainability grounds due to existence of alternative remedy via appeal before Slums Tribunal, without entertaining jurisdiction dispute.
Writ petition dismissed on ground of non-maintainability due to alternative remedy.
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WP4394.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4394 OF 2012
Surendra Bhikaji Shinde & Ors.
...Petitioners.
V/s
State of Maharashtra & Ors.
.... Respondents.
Mr. Uday Bobde i/b Ms Deepti Mistry for the Petitioners. Mrs M.P. Thakkar, AGP for Respondent No.1. Mr. Mandar Limaye for Respondent Nos. 2 and 4. Mr. Vijay D. Patil for Respondent No.3. Mr. Rajesh Datar for Respondent No.5.
CORAM: V. M. KANADE & K. R. SHRIRAM, JJ.
DATE: 5th August, 2013
P.C.:-
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WP4394.12
available viz of filing an appeal before the Slums Tribunal. He submitted that, therefore, the present Petition is not maintainable.
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WP4394.12
remedy of approaching the Slums Tribunal. If an appeal is filed by the Petitioners against the impugned order the same should be heard in accordance with law and it may be decided expeditiously. All contentions raised by the Petitioners and Respondents are kept open.
(K.R. SHRIRAM, J.) (V.M. KANADE, J.)
BDPANDIT PS
1 issue framed by the court
Whether writ petition challenging order under the Maharashtra Slum Area Act is maintainable when an alternative remedy of appeal before the Slums Tribunal exists.
1 provisions across 1 enactments
Surendra Bhikaji Shinde & Ors.
State of Maharashtra & Ors.
V. M. Kanade
K. R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
