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Mahesh K. Mehta vs The Bharatiya Friends Co-Operative ... on 20 February, 2024

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1. Rule. Rule made returnable forthwith. By the order dated 9th January 2024, the Petitioner in person as well as the learned counsel for the Respondent No.1 were permitted to place on record their written submissions to enable the Writ Petition to be considered on that basis. The parties have accordingly placed on record their written submissions as well as the decision on which they seek to rely. The Writ Petition is being decided accordingly.

2. This Writ Petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs :-

a. This Hon'ble Court be pleased to issue any appropriate Writ in the nature of Mandamus or Writ of Mandamus or Order or directions in the nature of mandamus or any other Writ or Order or directions to Respondent No.1 to restrain Respondent No.1 from forcefully stopping the Petitioner's paying guest from entering Petitioner's flat and to follow the due process of law; b. This Hon'ble Court be pleased to issue a Writ of Mandamus or any such other appropriate Writ or Order or directions in the nature of mandamus or any other Writ or Order or directions to Respondent No.2 and 3 to ensure that the Petitioner's paying guest is not forcefully stopped by Respondent No.1 from entering into Petitioner's flat and that Respondent No.1 follows the due process of law and to provide necessary police support in relation thereto; c. That this Hon'ble Court be pleased to direct the Respondents jointly and/or severally to pay to the Petitioners, Rs.2.50 lacs per month since 6th March 2023, being the loss suffered by the Petitioner on account of the violation of the Right to livelihood and Right to life of the Petitioner;


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