S.Harbhajan Singh Ajimal v. The State of Maharashtra & Ors.

Mr. Amit Sale for the Petitioner. None for the Respondents. CORAM : SWATANTER KUMAR, C.J. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. DR.D.Y.CHANDRACHUD, J. DR.D.Y.CHANDRACHUD, J. DR.D.Y.CHANDRACHUD, J. DATED : 29TH AUGUST, 2007. DATED : 29TH AUGUST, 2007. DATED : 29TH AUGUST, 2007. P.C.: P.C.: P.C.: In this petition under Article 226 of the Constitution of India the petitioner has prayed that an injunction order be made against the respondent Corporation restraining them from demolishing the premises owned by the petitioner situated on Survey No.6, Hissa No.1-A(part), C.T.S. No.830 in Village Mohili, Taluka Kurla. As it is evident from the petition itself that it is only an apprehension of the petitioner. The petitioner has not been served with any notice nor any actual threat of demolition was received by the petitioner. In our view the petitioner has sought to invoke the writ jurisdiction -: 2 :- of this Court on the mere apprehension which is hardly supported with any reliable documents.

In view of the above, we dismiss this petition and grant liberty to the petitioner to approach the respondent Corporation by making appropriate representation in accordance with law. Sd/- CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE Sd/- DR.D.Y.CHANDRACHUD, J. DR.D.Y.CHANDRACHUD, J. DR.D.Y.CHANDRACHUD, J.