In a writ petition seeking directions against public authorities for a private respondent's failure to construct a memorial gate, the High Court of Bombay dismissed the petition, holding that writ jurisdiction does not extend to civil disputes between private parties.
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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14-wpl-2874-18.doc
pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION LODGING NO. 2874 OF 2018
Ravindra T. Gawali
.. Petitioner
Vs.
Mr. Anand Jondhale I/by Jondhale and Co. for petitioner. Mr. A. P. Kulkarni for respondent no.3. Ms. Rupali Adhate for MCGM.
CORAM: NARESH H. PATIL, ACTING CJ. & G. S. KULKARNI, J.
SEPTEMBER 28, 2018.
P.C.
Omkar Realtors & Developers Pvt. Ltd. had promised to build a strong
gate by name “Torna Gate” in the memory of their society which the
respondent no.4 had failed to do so. It is the petitioner's case that despite
several correspondence with the respondent no.4 since 2017, no action has
been taken and thus this petition was required to be filed seeking direction
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14-wpl-2874-18.doc
to respondent nos.1 to 3 to take action on the complaints filed by the petitioner.
of. No costs.
G. S. KULKARNI J. ACTING CHIEF JUSTICE
Pravin Dasharath Pandit
Digitally signed by Pravin Dasharath Pandit Date: 2018.09.29 13:31:09 +0530
2 issues framed by the court
Whether writ jurisdiction under Article 226 of the Constitution extends to grant relief against a private party, establishing the limits of judicial review in matters of private contractual performanc
Whether the appropriate remedy lies in civil proceedings against a private developer failing to fulfill a promised construction obligation.
Ravindra T. Gawali
State of Maharashtra
Omkar Realtors & Developers Pvt. Ltd.
Naresh H. Patil
G. S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
