Bhakti Complex Sahakari v. The Commissioner, Pimpri Chinchwad & Ors.
Case at a glance
Outcome
Dismissed
The Petition is dismissed
Key paragraphs
- Para 22. In view of the above, we are not inclined to exercise the extraordinary and discretionary writ jurisdiction and grant the relief sought in the Petition.
- Para 33. The Petition is dismissed. We make it clear that we have not gone into the merits of the matter. (ABHAY AHUJA,J.) (A.A.SAYED, J.) Uday.P.Kambli
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2017 OF 2019 ... Bhakti Complex Sahakari Graharachna Sanstha Maryadit & Ors. ..... Petitioners Vs. The Commissioner, Pimpri Chinchwad and Ors. ..... Respondents ... Mr. R. G. Patil for the Petitioners. Mr.Deepak R.More with Mr.Shivram A.Gawade for Respondent No.1. Mr. A. I. Patel, Addl. GP for the State. Mr.Pavan Patil for Respondent No.3. ... CORAM : A.A. SAYED & ABHAY AHUJA, JJ. DATED : 06 JUNE 2022 P.C.: The above Petition is filed seeking the following relief: “(a) this Hon’ble Court may be pleased to issue an appropriate writ, order or direction to Respondent No.1 to decide the complaints filed by the Petitioner in time bound period and take action against the illegal and unauthorised structure constructed by the Respondent No.3 in Open Space of the building of Petitioner situated at C.T.S. No.5724 and 5727 Kharalwadi, Mumbai-Pune Road, Pimpri, Pune and to demolish the illegal structure constructed by Respondent No.3.”
#2. Learned Counsel for the Respondent-Corporation has pointed out that there is a civil suit filed by the Petitioner-Society against the Respondent No.3, wherein it has failed to obtain any ad-interim/interim Uday.P.Kambli relief. He further states that the structure of the Respondent No.3 is on access road and not in the property of the Petitioner-Society.
#2. In view of the above, we are not inclined to exercise the extraordinary and discretionary writ jurisdiction and grant the relief sought in the Petition.
#3. The Petition is dismissed. We make it clear that we have not gone into the merits of the matter. (ABHAY AHUJA,J.) (A.A.SAYED, J.) Uday.P.Kambli
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Petition is dismissed
Which court decided this case, and when?
Bombay High Court, on 06 Jun 2022. The bench was ABHAY AHUJA, A A SAYED.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.