The High Court examined a second writ petition filed under Article 226 challenging an order under the Maharashtra Slum Areas Act. The court held the petition was non-maintainable as it was barred by res-judicata and disposed of it accordingly.
Writ petition dismissed as non-maintainable on grounds of res-judicata.
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WPL. 2219-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) No. 2219 OF 2015
Haji Rashid Ahmed Haji Mohd. Hasan ... Petitioner Vs.
None for the Petitioner. Mr. Sa. Khan, for Respondent No. 4. Mr. G. B. Walawalkar i/b S. P. Thorat, for Respondent No. 5.
CORAM : V. M. KANADE, & B. P. COLABAWALLA, JJ. DATE : AUGUST 4, 2015 PC.
. By this writ petition, which is filed under Article 226 of the Constitution, Petitioner has challenged the order passed by the Respondent under Section 33 and 38 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The Petitioner has challenged the said order by filing writ petition before the Single Judge, which was dismissed by order dated 20th July, 2015 passed in Writ Petition (St.) No. 16181 of 2015. Thereafter again second petition i.e. present petition has been filed, challenging the same order. In our view, second petition which is filed is not maintainable and is, therefore, dismissed, since it is barred on the principles of res-judicata / constructive res-judicata . Writ petition is accordingly disposed of.
Vinayak Halemath
1 / 1
1 issue framed by the court
Whether a second writ petition filed challenging a previously dismissed order under principles of res-judicata is maintainable.
2 provisions across 2 enactments
Haji Rashid Ahmed Haji Mohd. Hasan
None
V. M. Kanade
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
