Siddhi Agarwal (Owner) 25 May 2013

Wp listed for rejection without a single hearing ?

We have filed a WP against BMC in Bombay High Court in Feb. 2013 for not allowing us to carry out structural repairs at tennats own cost. All these months we have been waiting for the listing of WP but were shocked to see on the high court website today that it is listed for 12th June 2013 for rejection that too without any hearing. We all know that BMC is a very corrupt organisation and due to this many buildings have collapsed in the past and our petition is also for permission from high court for structural repairs at tenants cost as due to criminal nexus of BMC with the land lords it is not giving the permission. Pl. see the attached file and advice. Thanks in advance.

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(Guest)

Your Petition still is not coneverted into a Writ Petition. Your Petition is having a Laudging number. That means the petition. Only when the Laudging No gets converted into a Writ Petition no, the petition will be listed before the Judges. Till that time either the petition was in registry and they would have found some defects, which were not removed and hence as per procedure the registry has placed the same before the Registrar. on the required date your lawyer will have to appear before the Registrar and understand why is the petition getting rejected.

Alternatavely, you can visit the High court and go to the registry and ask them to provide you the details why the petition has been listed before the Registrar. They will tell you.

In my opinion, either there were defects in the same, which were not removed or the petition is not maintanable.

Rather then blaming BMC, please ask your lawyer why this has happened.