Considering the dispute between the Petitioner and an unimpleaded Developer as a private matter, the Court declined to exercise writ jurisdiction and dismissed the petition.
Petition dismissed with directions to file suit against the Developer.
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.
Digitally signed ANANT by ANANT KRISHNA KRISHNA NAIKDate: NAIK 2021.12.18 13:23:13 +0530
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5.WP.9048.2021 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9048 OF 2021
Chintamani Moreshwar Patil ...Petitioner Versus State Of Maharashtra & Ors ...Respondents
Mr. Sandeep Mishra for the Petitioner. A. A. Alaspurkar, AGP for the Respondent-State
CORAM : A. A. SAYED & ABHAY AHUJA, JJ
DATED : 16th DECEMBER, 2021
P.C.:
The Petitioner claims to be the owner of the land bearing survey no. 163/4/5 admeasuring OH-13-R-60P, Akarni 0.82 Paise, at village – Panchpakhadi, Taluka & District – Thane. The Petitioner has entered into a Development Agreement with a Developer. It is the case of the Petitioner that the Developer is constructing the building beyond the land for which the development permission is granted.
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5.WP.9048.2021 .doc
Petitioner cannot fle appropriate proceedings and apply for stay and safeguard his own property. Curiously, the Developer has not been impleaded by the Petitioner as party Respondent to the Petition.
(ABHAY AHUJA, J.)
(A. A. SAYED, J.)
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1 issue framed by the court
Whether the Court of Writ would exercise jurisdiction in a matter which is essentially a private dispute between the Petitioner and a Developer who has not been impleaded.
Chintamani Moreshwar Patil
State Of Maharashtra
A. A. Sayed
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
