Dismissed

Jaynarayan S/O Surajlal Ujawane and Others v. the State of Maharashtra, through Revenue Secretary, Mumbai and Others

Bombay HC9 Oct 2014WP/5438/2014

Case brief

AI extract

What is this about?

Petitioners challenged a State-Government-society agreement to construct Samaj Bhavan. The High Court upholding a preliminary objection noted the availability of alternate remedies under the Maharashtra Cooperative Societies Act and the belated filing. The writ petition was not entertained and disposed of with no order as to costs, though the points were kept open.

What did the court decide?

The writ petition was not entertained and was disposed of with no order as to costs.

Jaynarayan S/O Surajlal Ujawane and… — Constitutional and Fundamental Rights | Bombay HC (2014)

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION No.5438 of 2014

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Jaynarayan s/o Surajlal Ujawane and 3 others.

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vrs.

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State of Mah. Through Revenue Secretary, Mantralaya, Mumbai & 4 others.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri Muley, counsel for petitioner. Shri Ukey, AGP for respondent nos.1 to 3.

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CORAM : SMT. VASANTI A. NAIK AND P.R. BORA, JJ.

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DATE : 9^th OCTOBER , 2014 .

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By this petition, the petitioners challenge the agreement executed by the respondent no. 4 Cooperative Society on 19.7.2012. The petitioners thereby seek the cancellation of the contract entered into, between the State Government and the respondent no. 4 to construct the Samaj Bhavan on the property of the society.

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Shri Ukey, the learned Assistant Govt. Pleader, raises a preliminary objection to the tenability of the writ petition. It is stated that the petitioners have an alternate remedy under the provisions of the Maharashtra Cooperative Societies Act. It is stated that the petitioners are challenging a contract executed between the society and the State Government by the instant petition and this court may not entertain the writ petition under Article 226 of the Constitution of India.

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We uphold the preliminary objection raised on behalf of the State Government. The petitioners have other

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remedies. The issues involved in this case cannot be decided in exercise of the writ jurisdiction, specially when an alternate remedy is available to the petitioners. Moreover, the contract was executed between the respondents on 19.7.2012 and the petition is belatedly filed on 29.9.2014. We, therefore, decline to entertain the writ petition and dispose of the same with no order as to costs. The points raised in the petition are, however, kept open.

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JUDGE JUDGE

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Hirekhan

Jaynarayan S/O Surajlal Ujawane and Others v. the State of Maharashtra, through Revenue Secretary, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Jaynarayan S/O Surajlal Ujawane and Others v. the State of Maharashtra, through Revenue Secretary, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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