Polite disposition of a writ petition involving the Slum Rehabilitation Authority. The Court held that an efficacious remedy exists in filing an appeal before the tribunal and disposed of the petition accordingly.
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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41wp2556-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2556 OF 2016
Mr. Devkinandan Mithailal Pasi & Anr. … Petitioners.
V/s.
The State of Maharashtra & 5 Ors. … Respondents.
Mr. Vincent D'Silva, Advocate for the Petitioners. Ms. Uma Palsuledesai, AGP for the Respondent Nos.1 & 4. Mr. Yogesth Patil i/by Mr. Vijay Patil, Advocate for Respondent Nos. 2 & 3.
Mr. R. P. Ojha, Advocate for Respondent Nos. 5 & 6.
CORAM : V. M. KANADE AND P.R. BORA, JJ.
DATE : 08th FEBRUARY, 2017
P.C. :
The learned counsel appearing on behalf of the Slum Rehabilitation Authority submits that the Petitioners have an alternate efficacious remedy available of filing an appeal against the impugned order before the tribunal. Learned counsel appearing for the Petitioners submits that in any case, he will be preferring an appeal expeditiously. If such an appeal is filed within two weeks, the same may be considered on merits and in accordance with the law.
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If an application for stay is filed, the same shall be decided, after hearing the parties expeditiously, within two weeks thereafter,
So far as prayer clause (b) is concerned, the petitioners have a remedy of approaching the other appropriate forum.
Reserving the said right, the writ petition is disposed of. ( P.R. BORA, J) (V.M.KANADE, J)
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Mr. Devkinandan Mithailal Pasi & Anr.
The State of Maharashtra & 5 Ors.
V. M. Kanade
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
