Nerul Station Comp. Businesmen Asson. v. City Ind. Dev. Corp. of Maharashtra Ltd.
2005-04-18
D.M.DHARMADHIKARI, H.K.SEMA
body2005
DigiLaw.ai
ORDER : D.M. Dharmadhikari, J. Leave granted. Heard learned counsel appearing for the parties. 2. The impugned order of the High Court does not at all deal with the contentions on facts and law urged by the parties. The question of maintainability of the writ petition which has been raised by the contesting respondents has also not been gone into by the High Court. The High Court dismissed the writ petition stating "All these questions are normally not decided in writ jurisdiction." We are unable to understand as there are no reasons recorded to come to such a conclusion. The issues raised by the appellants could have been gone into in exercise of writ jurisdiction of the High Court. 3. The appeal is accordingly allowed. The impugned order of the High Court is set aside. The matter is remanded to the High Court. The High Court is directed to re-register the writ petition and decide it afresh in accordance with law after hearing the parties and considering the contentions raised by them.