1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 748 OF 2007 Bideshi Dholu Sharma alias Jagbandhan and anr. .. Petitioner Vs. Municipal Corporation of Greater Mumbai and Ors. .. Respondents Mr.P.M.Shah for the petitioner Ms.A.K.Savla for respondent nos.1 to 3 Mr.A.R.Shaikh for respondent nos.5 Mr.S.D.Mishra for respondent nos.6 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED : 15TH JULY, 2008 DATED : 15TH JULY, 2008 DATED : 15TH JULY, 2008 P.C.: 1. The petitioner has approached this court invoking its extraordinary Jurisdiction seeking a writ against respondent nos.1 to 3 that they have stopped the further construction work of building Awej Heights as well as construction carried out by respondent nos.4 and 6 adjacent to the said premises on the ground that the petitioner was a tenant of the premises i.e. the structure admeasuring 40’ x 20’ and supports his case by 2 placing reliance on consent decree passed by Small Causes Court, in R.A.D. Suit No.909 of 1976 wherein the respondent nos.5 was defendant no.1 before the Small Causes Court. The petitioner has already approached the City Civil Court for seeking an injunction against the respondents for disturbing his possession. 2. In our view, in substance what the petitioner claims is entitlement for rehabilitation in case the property is permitted to be developed that is disputed by the tenants association and the developers where the Corporation has no role to play and therefore, the relief sought for in this petition does not sub serve the purpose for which the petition has been filed. It till be proper that the petitioner seeks alternate remedy and enforces his right for being considered for rehabilitation by approaching appropriate forum. We, therefore, dismiss the petition with liberty to the petitioner to seek alternate remedy. Petition is dismissed. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) 3 ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J )