Shree Sai Pawan Sra Chs Limited v. Municipal Corporation of Greater Mumbai through Legal Cell Bhc
Case brief
What is this about?
Property tax levy; alternate statutory remedy; Small Causes Court; Mumbai Municipal Corporation Act, 1888; writ petition not entertained; BMC; SRA cooperative housing society. Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No. 3921 of 2025, decided 21 January 2026 by G.S. Kulkarni and Aarti Sathe, JJ. Petitioner Shree Sai Pawan SRA Chs. Limited challenged the levy of property tax. The Court held it would not entertain the petition as no representation had been made to the Municipal Corporation and an alternate remedy exists under the Mumbai Municipal Corporation Act, 1888 by approaching the Small Cases Court (Small Causes Court); the petition stands disposed of with liberty to take recourse to the appropriate remedy, contentions kept open, no costs; no view taken on merits.
What did the court decide?
Petition stands disposed of with liberty to the petitioner to take recourse to the appropriate remedy as may be available in law; all contentions of the parties kept open; no costs awarded; any representation made to the Corporation to be considered expeditiously.