The High Court disposed of the civil application seeking to quash an eviction order under the Mumbai Public Premises (Eviction) Act, 1955. The court held that statutory remedies were available and the writ petition cannot be entertained regarding that order.
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.
1 caw-447.16.docx
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.447 OF 2016 IN
WRIT PETITION NO.4602 OF 2012
Shri Kamlakar Bhagwan Puri Vs.
… Applicant
The Chief Officer,
Children Aid Society & Ors. … Respondents
Mr. S.V. Sadavarte for the Applicant. Mrs. R.A. Salunkhe, AGP for the Respondent Nos.2 to 5 - State.
CORAM : A.S.OKA AND
SANDEEP K. SHINDE, JJ.
DATE : 6th DECEMBER 2018.
P.C. :
1 Heard the learned counsel appearing for the applicant. By way of this civil application the applicant who is the writ petitioner is seeking quashing of order passed by the competent authority under section 5 of the Mumbai Public Premises (Eviction) Act, 1955. Statutory remedies are available to challenge the said order. Moreover, considering the scope of the petition in this petition challenge to said order cannot be entertained.
2 Accordingly, civil application is disposed of. However, remedy of the applicant is kept open.
(SANDEEP K. SHINDE, J.) (A.S.OKA, J.)
1 of 1
1 issue framed by the court
Whether the High Court can entertain a writ petition challenging an order passed under section 5 of the Mumbai Public Premises (Eviction) Act, 1955 when statutory remedies are available.
1 provisions across 1 enactments
Shri Kamlakar Bhagwan Puri
The Chief Officer, Children Aid Society
A.S. Oka
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
