1 APPW.247/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 247 OF 2010 IN CRIMINAL WRIT PETITION NO. 1760 OF 2008 Hanif Shaikh @ Hamid Hussain Nabibag Shaikh ..Petitioner V/s The State of Maharashtra & Anr ..Respondents. --- Mrs. Anjali R. Waghmare, Advoate appointed for Petitioner. Mr. D.P. Adsule, APP for the State. --- CORAM:- A.M.KHANWILKAR & P.D. KODE, JJ DATED :- OCTOBER 19, 2010. P.C. 1] This application is received through jail. The grievance of the petitioner seems to be that since he is in jail, his house at Pune is being neglected and wasted. It appears that one Jahangir Sattar Khan, one of his relative was using the said premises. In context of this grievance on the earlier occasion this Court in terms of Order dated 23.1.2009 directed the concerned Police to put a seal over the lock and the seal shall only be removed at the request of the petitioner. We hope and trust that this direction has already been carried out by the concerned Police. 2 APPW.247/2010 2] Once again when the present petition is received through jail, we called upon the respondent to ascertain whether any third party was found in possession of the premises belonging to the petitioner. Learned APP for the State, on instructions, states that on inquiry it is found that the premises are found locked during the visit made by the local police. 3] Thus, so far as the apprehension of the petitioner that some third party must be using the premises that stand redressed by this inquiry. 4] The petitioner has then prayed for issuance of show cause notice to the said Jahangir Sattar Khan for making false statements before the municipal corporation. The petitioner ought to pursue his remedy before the municipal corporation. He may do so by appointing a power of attorney. Further, by this writ petition, we cannot allow the petitioner to agitate the matters which would be within the purview of the municipal corporation. Thus, the same will have to be pursued by the petitioner as per the provisions of the applicable municipal laws. 5] The other relief claimed by the petitioner is of searching of the documents found in the sealed house of the petitioner. That relief cannot be countenanced. In absence of petitioner or his power of attorney, we cannot ask the police to enter into the house on their own and undertake search as desired by the petitioner. We, therefore, reject this prayer. 3 APPW.247/2010 6] The next prayer sought by the petitioner is to issue direction to the concerned officer of municipal corporation for issuance of property tax in the name of petitioner. Even this relief cannot be countenanced. The petitioner is free to pursue appropriate remedy before the concerned Authority in accordance with the provisions of the Corporation laws. This aspect cannot be dealt with in exercise of writ jurisdiction. 7] Accordingly, the application is disposed of in the above terms. 8] Court expresses word of gratitude for the able assistance given by the advocate appointed to espouse the cause of the petitioner. 9] Copy of this order be forwarded to the petitioner who is in jail forthwith. [P.D.KODE, J] [A.M.KHANWILKAR, J]