In a writ petition challenging measurements by the Municipal Corporation, the Court held that disputed questions of fact make the writ an inappropriate remedy. It was disposed of with liberty to file a civil suit, keeping merits open.
Petition disposed of with liberty to file a civil suit; contentions on merits kept open.
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.
4-WP-965-18.doc
Sharayu Khot .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 965 OF 2018
Sukhram Ramsakal Yadav …Petitioner
Versus
State of Maharashtra & Ors. …Respondents
Mr. B.P. Pandey, i/by Mr. V.B. Pandey, for the Petitioner.
Mr. Hemant Haryan, AGP, for the Respondent No. 1.
Mr. Abhijit Desai, for the Respondent No. 2.
Mr. Mahesh Mishra, i/by Ravi Thankar, for the Respondent No.3.
CORAM : ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.
Sharayu Pandurang Khot
Digitally signed by Sharayu Pandurang Khot Date: 2018.07.24 18:13:04 +1200
DATE : 18 July 2018
ORDER :
measurements were carried out by an officer of the Mumbai
1 / 2
July 18, 2018
4-WP-965-18.doc
Municipal Corporation which indicate that the Petitioner's structure was within the distance of 10 meters from the main water pipeline.
disputed questions of fact. Therefore, more appropriate and efficacious remedy for the Petitioner will be to file a civil suit.
liberty to the Petitioner to file a civil suit.
[RIYAZ I. CHAGLA J.]
[ABHAY S. OKA, J.]
2 / 2 July 18, 2018
2 issues framed by the court
Whether this writ petition involving disputed questions of fact regarding land measurements is maintainable.
What is the appropriate remedy for a petitioner disputing official measurements affecting their structure.
Sukhram Ramsakal Yadav
State of Maharashtra
Abhay S. Oka
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
