1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 34 OF 2007 PETITION NO. 34 OF 2007 PETITION NO. 34 OF 2007 Babulnath Babulnath Babulnath Rajmayur Cooperative Rajmayur Cooperative Rajmayur Cooperative Housing Housing Housing Society Limited & anr Society Limited & anr Society Limited & anr ...... Petitioners Petitioners Petitioners vs vs vs Brihanmumbai Brihanmumbai Brihanmumbai Municipal Corpn. & ors..Respondents Municipal Corpn. & ors..Respondents Municipal Corpn. & ors..Respondents Mr.D.Mehta Mr.D.Mehta Mr.D.Mehta i.b i.b i.b M/s Kanga & Co for M/s Kanga & Co for M/s Kanga & Co for Petitioners Petitioners Petitioners Mr.K.K.Singhvi, Mr.K.K.Singhvi, Mr.K.K.Singhvi, Sr.Counsel Sr.Counsel Sr.Counsel with Mr.R.J.Bhor for with Mr.R.J.Bhor for with Mr.R.J.Bhor for Respondent Respondent Respondent nos. nos. nos. 1 to 4. 1 to 4. 1 to 4. Mr.T.G.Vora Mr.T.G.Vora Mr.T.G.Vora with Mr.C.Naik for Respondent nos. 7 with Mr.C.Naik for Respondent nos. 7 with Mr.C.Naik for Respondent nos. 7 and and and 8. 8. 8. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ JJ JJ DATE DATE DATE : : : 5th June, 2007 5th June, 2007 5th June, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the petitioners, Heard learned counsel for the petitioners, Heard learned counsel for the petitioners, learned learned learned counsel for the respondent nos. 1 to 4 and counsel for the respondent nos. 1 to 4 and counsel for the respondent nos. 1 to 4 and learned learned learned counsel for the respondent no.7 and 8. counsel for the respondent no.7 and 8. counsel for the respondent no.7 and 8. 2.2.2. After hearing the petitioners for sometime, we After hearing the petitioners for sometime, we After hearing the petitioners for sometime, we find find find that the above petition involves various that the above petition involves various that the above petition involves various disputed disputed disputed questions of facts. Over and above with questions of facts. Over and above with questions of facts. Over and above with regard regard regard to the grievances against the to the grievances against the to the grievances against the respondent-Corporation, respondent-Corporation, respondent-Corporation, the affidavit of Mr.Vasant the affidavit of Mr.Vasant the affidavit of Mr.Vasant Laxman Laxman Laxman Parab, Assistant Engineer of Parab, Assistant Engineer of Parab, Assistant Engineer of respondent-Corporation respondent-Corporation respondent-Corporation dated dated dated 18th April, 2007 makes 18th April, 2007 makes 18th April, 2007 makes ititit abundantly clear that there is absolutely no abundantly clear that there is absolutely no abundantly clear that there is absolutely no statutory statutory statutory violation. In the aforesaid facts and violation. In the aforesaid facts and violation. In the aforesaid facts and circumstances, circumstances, circumstances, we we we do not find any merit to exercise do not find any merit to exercise do not find any merit to exercise 2 our our our extra-ordinary jurisdiction to entertain the extra-ordinary jurisdiction to entertain the extra-ordinary jurisdiction to entertain the above above above writ petition. writ petition. writ petition. 3.3.3. Hence, Writ Petition stands dismissed. Hence, Writ Petition stands dismissed. Hence, Writ Petition stands dismissed. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)