TARUN CHHANALAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard counsel for the parties. For considering the submissions canvassed by the learned Counsel for the petitioner across the Bar, we deem it appropriate to reproduce the relief claimed in this petition, which reads thus :

(2.) This Petition under Article 226 of the Constitution of India has been filed in the following circumstances :

(3.) The first difficulty before the petitioner is about the delay and laches in filing of the present writ petition. The petitioner is seeking relief of restitution of possession of his flat. However, what has been completely glossed over is that the flat is already auctioned and the title has passed on in favour of the third party i.e. respondent No.8 as back as in January, 2003. Respondent No.8 has been put in possession of the said property upon payment of full consideration being the highest bidder. It is too late in the day for the petitioner to make grievance about the illegality, much less, any irregularity committed in issuance of proclamation notice and the consequent auction sale of the property and its confirmation.