Mr. Arjun Sawant And Anr vs The State Of Maharashtra And Ors
2017 Latest Caselaw 6188 Bom

                                                                     (5) WP 5067-16.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO. 5067 OF 2016

       Mr. Arjun Sawant & Another                               ...Petitioners
                  versus
       The State of Maharashtra & Others.                       ...Respondents

                                          ............

       Mr. Vishwakarma and Associates, for the petitioners.
       Mr. A.A. Alaspurkar, AGP for Respondent nos. 1 and 2.
       Mr. S.S. Aradhye, for Respondent no.3.
                                   ............

                                                         CORAM : B.R.GAVAI & 
                                                                       M.S. KARNIK, JJ.

DATED: 16TH AUGUST, 2017

P.C. :

The petitioners have approached this Court

praying for Writ of Mandamus thereby preventing the

respondent nos. 1 to 3 from constructing the municipal fish

market in the area which is subject matter of the present

Petition. The petitioners challenging the resolution of the

Municipal Corporation have approached the Collector under

the provision of Section 318 of the Maharashtra Municipal

(5) WP 5067-16.doc

Councils, Nagar Panchayatas & Industrial Townships Act,

1965. Since the collector ceased to have the jurisdiction

over the issue, the matters have been referred to the State

Government.

2. We find that the petitioners cannot be permitted

to invoke both remedies simultaneously, in view of the

doctrine of election. The petitioner has taken recourse to

one remedy and prayed to stay the said resolution. We find

that the petitioners should pursue the matter before the

State Government and seek an appropriate remedy.

Needless to state that the State Government before taking

any final decision in the matter on merits and in accordance

with law, liberty be given to the Petitioners of being heard.

Writ petition is accordingly disposed of in the aforesaid

terms.

 (M.S. KARNIK, J.)                                     ( B.R.GAVAI, J.)