Private dispute between petitioner and his brother pending in District Court at Thane; appellate court directed petitioner to approach TMC with a representation. Writ petition sought direction to TMC to decide it. Court declined to interfere, holding remedies lie elsewhere.
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927-ASWP-5285-2024.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5285 OF 2024
Ramesh Narayan Moilydevadiga …Petitioner Versus Thane Municipal Corporation & Ors …Respondents
Dr Abhinav Chandrachud , with Janay Jain, Nikhil Waje & Vishesh Srivastav, for the Petitioner. Mr Mandar Limaye , for Respondent No 1-TMC.
CORAM G.S. Patel & Kamal Khata, JJ. DATED: 15th April 2024
PC:-
AMOL PREMNATH JADHAV
Digitally signed by AMOL PREMNATH JADHAV Date: 2024.04.16 10:34:36 +0530
1. This is a private dispute between the Petitioner and Respondent No 3, his brother. A Suit has been filed in the District Court at Thane. The Appellate Court said that the Petitioner will have to approach the Thane Municipal Corporation (“ TMC ”) to make a representation. That appeal was dismissed. The Petitioner has filed a Writ Petition but has not assailed this direction or finding that the Petitioner’s remedy is to approach the TMC. In Writ Petition No 2162 of 2024 on 15th January 2024, the Petitioner obtained an interim relief.
Page 1 of 2 15th April 2024
927-ASWP-5285-2024.DOC
2. Now this Petition comes to be filed asking that we should direct the TMC to decide the representation.
3. This would literally amount to deciding not only the previous Writ Petition but conceivably also the suit itself. The Petitioners remedies lie elsewhere.
4. We are not inclined to interfere.
5. The Writ Petition is rejected in these terms. No order as to costs.
(Kamal Khata, J)
Page 2 of 2 15th April 2024
1 issue framed by the court
Whether the High Court should direct the TMC to decide the Petitioner's representation regarding a private property dispute with his brother.
Ramesh Narayan Moilydevadiga
Thane Municipal Corporation
G.S. Patel
Kamal Khata
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
