Writ petition challenging the rejection of an application by the Maharashtra Slum Areas Tribunal to add the petitioner as a legal heir. The Tribunal rejected the application due to delay and lack of locus standi as the petitioner had no interest in the property due to its earlier sale. The High Court dismissed the writ petition.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION No. 553 OF 2013 Milind Sharad Gawde. ..Petitioner. Versus The State of Mah. and Another. ..Respondents.
Mr. H.S.Anand i/b Anand Charanbir for the Petitioner. Mr. Madhur S. Surana, S.G.Surana i/b C.N. Gole for Respondent No. 2.
Coram : RANJIT MORE, J. Date : April 24, 2013 .
P. C. :
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page no.91 of this petition. By this general power of attorney Kailash Kaluram Bhati is appointed as constituted attorney by Petitioner - Mr. Milind Gawde to represent the Petitioner before the Slum Tribunal. The recitals of general power of attorney, however, show that the property in question is already sold by the Petitioner's father on 17th May 2008 to M/s. Step-Up Associates by executing deed of conveyance. In this general power of attorney, the Petitioner has specifically stated that property in question belongs to M/s. Step-Up Associates, they are enjoying fruits of the said property and now he has no interest of whatsoever nature in the said property.
[RANJIT MORE, J.]
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3 issues framed by the court
Whether a writ petition should be allowed to interfere with the Slum Tribunal's order rejecting the petitioner’s application on grounds of delay and lack of locus standi?
Whether the petitioner, having expressly stated in a power of attorney that he has no interest in the property due to its sale by his father, has locus to intervene in the appeal?
Is there any reason to interfere with the impugned order rejecting the application for bringing the legal heir on record?
Milind Sharad Gawde
The State of Mah.
Another
RANJIT MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
