Bombay High Court
THEKKADETH KRISHNADASversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- DISPOSED OFF
Holding
The court permitted the withdrawal of the writ petition and directed the petitioner to approach the Apex Grievance Redressal Committee within four weeks.
Summary
The petitioners sought a writ of mandamus to compel the respondents to direct various authorities to enter into a permanent alternate accommodation agreement for a 325 sq.ft. unit in the Shankar Lok Building redevelopment. The respondents argued that the petitioners' name was absent from Annexure II of the redevelopment scheme, denying any entitlement. The petitioner's counsel requested permission to withdraw the petition and instead challenge the exclusion before the Apex Grievance Redressal Committee (A.G.R.C.). The court allowed the withdrawal, granting liberty to file the appropriate proceeding before the A.G.R.C. within four weeks, and directed the committee to decide the matter within twelve weeks. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners are entitled to permanent alternate accommodation under the redevelopment scheme despite not being listed in Annexure II.
- Whether the High Court can grant mandamus when the petitioner's entitlement is contested on the basis of Annexure II.
- Whether the petition may be withdrawn and the matter referred to the Apex Grievance Redressal Committee.
Subjects
- writ of mandamus
- alternate accommodation
- redevelopment
- Annexure II
- Apex Grievance Redressal Committee
- withdrawal of petition
Judgment
Digitally
signed by
RUPALI
RUPALI RAJESH 68-WP-4776-2024.doc
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.08.20
13:39:19
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4776 OF 2024
Thekkadeth Krishnadas & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
Mr. Sujeet Kurup for the Petitioners.
Mr. Jagdish G. Aradwad (Reddy) for the Respondent Nos.7 and 8 –
SRA).
Mr. Manish Upadhye, A.G.P for the Respondent-State.
Mr. Nilesh Das for the Respondent Nos.10 to 13.
Mr. Bibhishan Sutar a/w Ms. Jyoti Mhatre i/b Adv.Komal Punjabi for
the Respondent – BMC.
CORAM : M. S. KARNIK &
SANDESH D. PATIL JJ.
DATE : 17th AUGUST, 2026
P.C. (PER SANDESH D. PATIL, J):
1. By the present petition, the petitioner is seeking a Writ of
Mandamus to direct the respondent Nos.1 to 7 to further direct the
Wakodikar 1/3
68-WP-4776-2024.doc
respondent Nos.9 to 15 to enter into permanent alternate
accommodation agreement with respect to the entitlement of the
petitioner to a permanent alternate accommodation for an area of
325 sq.ft. with respect to the said re-development of the said
Shankar Lok Building on land admeasuring 856.10 sq.mtrs. bearing
CTS No. 3147, 3150, 4150/1 to 9 of village Vakola, Kole-kalyan,
Santacruz East, Mumbai – 400 055.
2. Learned Counsel appearing for the respondents relied
upon a letter issued by the SRA to him where it is stated that the
name of the petitioner is not found in the ‘Annexure II’ and therefore,
they are not entitled for any relief.
3. Having gone through the copy of the letter in the Court,
learned Counsel for the petitioner states that in such an event, he
seeks leave of this Court to withdraw the aforesaid petition with
liberty to file appropriate proceeding before the Apex Grievance
Redressal Committee (A.G.R.C) challenging the ‘Annexure II’ itself
Wakodikar 2/3
68-WP-4776-2024.doc
and such further orders as are required.
4. In light of the submissions made by the learned Counsel
for the petitioner, we permit the petitioner to withdraw the aforesaid
petition with liberty to initiate an appropriate proceeding before the
A.G.R.C within a period of four weeks from today.
5. After the proceedings are initiated, the A.G.R.C to decide
the same within a period of 12 weeks from the date from which the
proceedings are presented before the A.G.R.C.
6. Petition is accordingly disposed of in terms of the
aforesaid observations.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Wakodikar 3/3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.