1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 461 of 2009 Shri Dnyaneshwar Mahadeo Jadhav ....Petitioner v/s. Rubberwala Developers Pvt. Ltd. & anr. ....Respondents Shri S.K.Chaturvedi i/b. Chaturvedi & Associates for the petitioner. S. Shamim i/b. Shamim & co. for respondent no.1. G.W. Mattos for respondent no.2. CORAM:- SWATANTER KUMAR, C.J. AND A.M.KHANWILKAR, J. DATED:- September 16, 2009. P.C. The basic grievance raised by the Petitioner in the present Writ Petition is that he has been in occupation of the property since 1948 and has submitted various documents which are not being considered by the appropriate forum. It is also contended that even the developer had shown the Petitioner as tenant/occupant in occupation of the premises vide Exhibit H. There are some documents placed even before us which indicate that the Petitioner is physically present on the site in question which is right on the passage between the two buildings. Certain bills of electricity and telephone have also been placed on 2 record. According to the Petitioner, the controversy has arisen primarily for the reason that Petitioner refused to be accommodated in the back/rear side of the building. 2. This is a controversy which can hardly be examined by us in exercise of our jurisdiction under Article 226 of the Constitution of India and particularly keeping in view the fact that the MHADA- the competent authority has not considered the claim of the Petitioner with reference to these documents in particular. We dispose of this Petition with direction to Chief Officer-Mumbai Building Repairs and Re-construction Board, MHADA to examine the case of the Petitioner by granting him a hearing and pass appropriate orders within eight weeks from today. 3. Status-quo as of today be maintained by the parties for a period of 10 weeks from today. CHIEF JUSTICE A.M.KHANWILKAR, J