Disposed

Bhaichand Amoluk and Co. and 2 Ors. v. National Insurance Corporation Ltd.and 2 Ors.

Bombay HC13 Mar 2014WP/2412/2013

Case brief

AI extract

What is this about?

This writ petition challenged a show cause notice issued by an Estate Officer under the Under Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The Court held that it could not decide the maintainability issue at this stage and directed the petitioners to file a reply raising the preliminary issue before challenging any adverse order.

What did the court decide?

Petition disposed; directions to file reply raising maintainability issue provided; interim order vacated.

Bhaichand Amoluk and Co. and 2 Ors. Vs National Insurance… — Landlord and Tenant | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.2412 OF 2013

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Bhaichand Amoluk & Co. & Ors.

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..Petitioners.

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V/s.

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National Insurance Corpn. Ltd. & Ors.

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..Respondents.

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Mr.Ranbirsingh with S.V. Mehta i/b. M/s. Malvi Ranchoddas & Co. for the petitioners.

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Mr. P. P. Chavan i/b. Navdeep Vora & Associates for respondent No.1.

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CORAM : V.M. KANADE AND A.K. MENON, JJ.

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DATED : 13TH MARCH, 2014

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P.C. :-

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The petitioners have filed this petition challenging the show

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cause notice issued by the Estate Officer under the provisions of Under Public Premises (Eviction of Unauthorized Occupants) Act, 1971. Learned counsel appearing on behalf of the petitioners submits that the

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Estate Officer has no jurisdiction to issue show cause notice, therefore,

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the said show cause notice is liable to be quashed and set aside.

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Reliance is placed on the judgment of the Apex Court in the case of Dr.

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Suhas H. Pophale, Appellant V/s. Oriental Insurance Co. Ltd. & its Estate Officer, respondents in Civil Appeal No.1970 of 2014 [@ out of SLP (Civil) No.29625/2010].

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The petitioners have also challenged the said show cause notice on various grounds.

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Learned counsel for the petitioners has invited our attention to paras 44 to 46 of the said judgment in support of his submissions.

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It is true that the show cause notice is challenged on the ground that the respondent's Estate Officer does not have jurisdiction to issue such a show cause notice. A petition under Article 226 of the Constitution of India can be filed for the purpose of challenging such show cause notice. However, in the present case since it is not admitted by the respondents that the petitioners are tenants, who are in occupation prior to 1958, in our view, it would not be possible for this Court to decide the said issue at this stage while exercising the writ jurisdiction under Article 226 of the Constitution of India. The petitioners may file their reply and raise preliminary issue regarding the maintainability of the Estate proceedings and if any adverse order is

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passed, he can then challenge the said order. All other contentions

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raised by the petitioners in this petition are kept open.

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5. With this directions, the petition is disposed of.

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Interim order stands vacated.

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(A.K. MENON, J.) ( V.M. KANADE, J.)

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Bhaichand Amoluk and Co. and 2 Ors. v. National Insurance Corporation Ltd.and 2 Ors.

Case brief

What is this about?

What did the court decide?

Bhaichand Amoluk and Co. and 2 Ors. v. National Insurance Corporation Ltd.and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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