1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.104 OF 2008 Arun Umrao Thombre. ..Petitioner. V/s. Mumbai Housing and Area Development Board & Anr. ..Respondents. Mr.C.K.Tripathi for petitioner. Mr.G.W.Matoos, AGP present. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 22, 2008. DATE : JANUARY 22, 2008. DATE : JANUARY 22, 2008. P.C. : P.C. : P.C. : 1. The controversy brought before this Court is on account of communication received by the Petitioner from Joint Chief Officer, Maharashtra Housing Area Development Board dated 25th October, 2007, which is in the nature of recalling the photo- pass already issued in favour of the Petitioner on 12th January, 2006 in relation to his claim in respect of the structure behind plot No.6, Room No.595 at Bharat Nagar, Bandra(E), Mumbai-400051. 2. The Respondents have opposed this Petition on two counts. Firstly on the argument that the communication, which is impugned before this Court is in the nature of order of rejection of issuance of 2 photopass in favour of the Petitioner, which is appellable order. In other words, the Petitioner has alternative efficacious remedy against the impugned decision. It is then contended that the Petitioner has already held to be eligible in respect of Structure No.595 and the Petitioner will be provided alternative accommodation in lieu of the claim in relation to the said structure. The respondent assures that the said structure will remain unaffected irrespective of the outcome of the present proceedings. It is the case of the Respondent that the hutment behind the said structure though claimed by the Petitioner, cannot be the basis to issue Photo Pass to the Petitioner so as to become entitled for another tenement as per the extant policy. 3. Having considered rival submissions, in my opinion, this Petition deserves to be disposed of with liberty to the Petitioner to pursue remedy of statutory appeal before the Joint Chief Officer, Maharashtra Housing and Area Development Board. 4. Needless to observe that if the Petitioner takes recourse to such appeal remedy, the Respondent shall not be heard to raise objection regarding the appeal being barred by limitation or about 3 jurisdiction of the authority, as the Petitioner is being relegated to file appeal on the basis of the submission made by the AGP appearing for the Respondent No.2. It is made clear that the said appeal will have to be decided on its own merits uninfluenced by any observations in the impugned communication or for that matter the present order. All questions in the said appeal are left open. 5. The Petitioner shall however, present the said appeal before the Appellate Authority within two weeks from today. Advance copy of the Appeal Memo and relevant documents be served on the Respondent No.2 before presentation of the said appeal. 6. At this stage, Counsel for the Petitioner submits that the interim protection granted may be continued. I see no propriety in acceding to this request. Inasmuch as, even if the petitioner succeeds in the appeal, the Petitioner would be eligible to get the alternative premises in lieu of the disputed structure. That will be the consequential order to be passed. In the circumstances, it is not necessary to grant injunction against the authorities, which will preclude them from taking action, which is 4 permissible by law. It is well established position that no injunction can be granted against the authority preventing them to act in accordance with the law. The additional reason for refusing continuation of further Interim Relief is that the Petitioner is already in possession of structure No.595, which position is accepted by the Respondents. It is not as if the Petitioner was to be thrown on the streets. In the circumstances, no interim protection is granted. 7. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)