Shri. Mahemood Maheboob Shaikh v. the State of Maharashtra through Principal Secretary to Honble Chief Minister and Ors.

Bombay HC12 Jan 2017WP/5454/2016

Case brief

AI extract

What is this about?

The Bombay High Court rejected a writ petition filed by a Member of the Maharashtra Legislative Council seeking a direction to a cooperative housing society to allot a flat. The court held that the petitioner failed to approach the concerned authority first and no law empowers the Minister to issue such a direction.

What did the court decide?

none

Shri. Mahemood Maheboob Shaikh Vs the State of… — Cooperative Societies | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5454 OF 2016

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Shri. Mahemood Maheboob Shaikh … Petitioner Vs.

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The State of Maharashtra and Ors. … Respondents

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Mr. Subhash V. Gutte for the Petitioner. Mr. V.P. Malvankar, AGP for the Respondent Nos.1 to 3.

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CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

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DATE : 12^th JANUARY, 2017

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P.C.

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. Not on board. Taken on board.

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1 Heard the learned counsel appearing for the petitioner. Going by the case made out in the Petition and the documents annexed to the Petition, the Petitioner was a Member of the Maharashtra Legislative Council. He relies upon a recommendation made by the Chief Promoter of a proposed Co-operative Housing Society to the Chief Executive Officer of the Mumbai Area Housing Development Board for issuing temporary letter of intent for allotting flats to the petitioner and other Members of the Legislature named therein. Thereafter, on 21^st February, 2015, the petitioner made an application to the Hon'ble Minister of Housing of the Government of Maharashtra making a grievance about injustice done to him by the Society and seeking a

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direction to the Society to allot the flat. The petitioner is also relying upon a representation made by him on 9^th November, 2011 to the Hon'ble Minister of the Department of Co-operation who was incidentally the Chief Promoter of the Society against whom the petitioner has a grievance.

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2 The petitioner is relying upon the letter dated 21^st February, 2015 addressed by him to the Hon'ble Minister of Housing. The learned counsel appearing for the petitioner is unable to point out any provision of law which grants power to the Hon'ble Minister to issue a direction to the concerned Society for allotting a flat.

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3 At this stage, the learned counsel appearing for the petitioner states that he is seeking relief not against any Society, proposed or otherwise, and the Hon'ble Minister but against the fifth respondent who is the Chief Executive Officer of the Mumbai Housing Area Development Board. We find that before seeking a writ of mandamus, the petitioner has not demanded justice from the concerned Authority. We, therefore, decline to entertain this Petition under Article 226 of the Constitution of India and the Petition is rejected. However, rejection of the Petition will not preclude the petitioner from making appropriate representation to the concerned Authority.

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(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)

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Shri. Mahemood Maheboob Shaikh v. the State of Maharashtra through Principal Secretary to Honble Chief Minister and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Mahemood Maheboob Shaikh v. the State of Maharashtra through Principal Secretary to Honble Chief Minister and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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