Dismissed

Smt. Vandana Vasant Saitwadekar v. State of Maharashtra and 54 Ors.

Bombay HC4 Mar 2009WP/476/2009

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking an extension to vacate official quarters. The court accepted the petitioner's undertaking to vacate by June 30, 2009, subject to payment of penal rent and children's confirmations.

What did the court decide?

Undertaking to vacate premises by 30.06.2009 and pay penal rent accepted; rule made returnable forthwith.

Smt. Vandana Vasant Saitwadekar Vs State of… — Pension and Retirement Benefits | Bombay HC (2009)

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 : 1 :

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION (LDG.) NO.386 OF 2009

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 Smt.Vandana V. Saitwadekar ....Petitioner
 V/s.

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 State of Maharashtra & Ors. ....Respondents

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 Mr.Vikram V. Pai for the Petitioner.

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 Smt.Vandana V. Saitwadekar Petitioner present.

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 Mr.G.W. Mattos, A.G.P. for the State.

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CORAM : S.J. VAZIFDAR, J.
DATED : 4TH MARCH, 2009.
P.C. :

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 1. Rule. By consent rule made returnable
 forthwith and heard finally.

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 2. The Petitioner has taken a fair and

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 convincing approach before this Court. I say so
 despite the fact that the Petitioner is staying in the
 official quarters.

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 3. Unfortunately, the husband of the Petitioner

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 expired on 30.5.2008. From the record of this

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 Petition as it stands, there does not appear to be
 anything adverse against the Petitioner’s deceased
 husband. The Petitioner was granted time upto
 28.2.2009 to vacate the official quarters. The

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 Petitioner has very fairly stated that she does not
 intend to compel the Respondents of even taking
 recourse to due process of law in respect of the said
 premises. She has herself offered an undertaking to
 this Court to vacate the premises on or before
 30.6.2009. This extension is sought due to certain
 difficulties faced by her as a widow. Her son’s
 application for compassionate appointment is also
 pending. She does not claim any right, title or
 interest in respect of the said premises.

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 . The Petitioner further undertakes to pay
 penal rent at the rate of Rs.10/- per sq.ft. within
 four weeks of being intimated in writing the amount
 that is payable.

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 4. In view of the fair and honest attitude of
 the Petitioner, the Petition is disposed of by the
 following order :-

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 i). The Petitioner who is present in Court,
 undertakes to vacate the said premises and
 hand over quite, vacant and peaceful
 possession thereof on or before 30.6.2009.
 The undertaking is accepted.

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 ii). The Petitioner states that her son and

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 : 3 :

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 two daughters are residing with her but they
 have no right in respect of the said
 premises.

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 iii). The Petitioner undertakes to pay
 the penal rent at the rate of Rs.10/- per
 sq.ft. within four weeks of being intimated
 in writing by the Respondents.

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 iv). The Petitioner’s son and two daughters
 shall file similar undertakings on affidavit
 in this Court on or before 18.3.2009.

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 v). In the event of the Petitioner or her
 children failing to file such undertakings,
 this stay in respect of the said premises
 shall stand vacated forthwith. A copy of the
 undertaking shall be furnished to the office
 of the Government Pleader in advance.

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 vi). The issue regarding the balance dues in
 respect of the deceased Petitioner’s husband
 are kept open.

Smt. Vandana Vasant Saitwadekar v. State of Maharashtra and 54 Ors.

Case brief

What is this about?

What did the court decide?

Smt. Vandana Vasant Saitwadekar v. State of Maharashtra and 54 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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