By way of the present petition, the petitioner has prayed for the following reliefs:
"(A) Your Lordship may be pleased to admit and allow the present petition.
(B) Your Lordship may be pleased to direct the respondent No.1 corporation to demolish illegal construction carried out by the respondent No.2 in Mahalaxmi Avenue, Parle Point i.e. survey No.18 of Mouje Athwa, Sub-Dist: Choryasi, Dist: Surat, whereby Fourth floor constructed on the block on back hand side by the respondent No.2 is without any permission and thereby direct the respondent No.1 to be demolish the said and also demolish other illegal construction on the said property carried by the respondent No.2.
(C) Pending hearing and final disposal of the petition, Your Lordship may be pleased to direct the respondent No.2 not to carry out any further construction or repairing work on the said property in Mahalaxmi Avenue, Parle Point i.e. survey No.18 of Mouje Athwa, Sub-Dist: Choryasi, Dist: Surat.
(D) Pass any such other and further order as Your Lordship may deem fit just and proper in the facts and circumstances of the present case."
It appears from the record of the petition that the petitioner is one of the members of the society, which has permitted respondent No.2 to carry out certain construction. It is the case of the petitioner that respondent No.2 is making illegal construction for which a statutory notice is also issued to respondent No.1-Corporation. The prayers prayed for in the present petition are though in the nature of direction arises out of the dispute between the society and respondent No.2, hence, instead of entertaining the petition at this stage on merits, it would be open for the petitioner to file appropriate application before respondent No.1-Corporation.
With these observations the petition is disposed. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top