Mewalal Hiralal Shah v. Chief Executive Officer Slum Rehabilitation Authority
Case brief
What is this about?
Maintainability of writ petition where petitioner has already availed alternate remedy of appeal before AGRC against impugned Order dated 24th February, 2021, pending final adjudication before the concerned authority; reliance on Supreme Court decision in Bombay Metropolitan Region Development Authority, Bombay V/s. Gokak Patel Volkart Ltd. & Ors., (1995) 1 SCC 642; Petition held not maintainable at this stage and disposed off; Bombay High Court, Ordinary Original Civil Jurisdiction; Writ Petition No. 403 of 2024; Slum Rehabilitation Authority; Gadkari and Khata, JJ.; 4th February 2025.
What did the court decide?
Since the Petitioner has already availed the alternate remedy of an appeal before the AGRC against the impugned Order dated 24th February, 2021, which is pending final adjudication, the Petition, in view of the principles of law laid down by the Supreme Court in Bombay Metropolitan Region Development Authority, Bombay V/s. Gokak Patel Volkart Ltd. & Ors., (1995) 1 SCC 642, is not maintainable at this stage and cannot be entertained.