This judgment dismisses a writ petition challenging an order of the Civil Judge that allowed a tenant to obtain an electric connection. The Court held that issuance of a no objection certificate is an essential entitlement for a tenant who has made an appropriate application.
The Writ Petition is dismissed.
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wp-6257.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6257 OF 2015
Ramkrishna Tukaramsa Bakale and anr. : Petitioners versus Sulochana Madhavrao Bade : Respondent.
Mr. R N Gite for the Petitioners.
CORAM : R. M. SAVANT, J. DATE : 24th November 2015
P.C.
1 The writ jurisdiction of this Court is invoked against the order dated 20/12/2014 passed by the learned Civil Judge, Junior Division, Yeola by which order the Application (Exhibit 17) filed by the Respondent/Defendant for issuance of no objection to the Defendant for acquiring electric connection for the suit premises came to be allowed and the Plaintiffs have been directed to issue no objection certificate for acquiring electric connection in favour of the Defendant in respect of the suit premises. The said application was filed invoking Section 29(2) of the Maharashtra Rent Control Act, 1999.
2 The Trial Court having regard to the fact that there is admittedly no electric supply in the suit premises has issued directions as contained in the operative part of the impugned order.
3 The learned counsel appearing on behalf of the
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Petitioners/Plaintiffs sought to contend that said course of action could have been followed by the Trial Court only if the landlords have dis-connected the electric supply. In my view, the said submission cannot be accepted in view of the fact that the electric supply is one of the essentials to which the tenant is entitled to by making an appropriate application. That having been done so and the Trial Court having dealt with the said issue by issuing the directions as contained in the operative part of the impugned order, no case case for interference in the writ jurisdiction of this Court is made out. The above Writ Petition is accordingly dismissed.
[R.M.SAVANT, J]
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1 issue framed by the court
Whether the Writ Court should interfere with the Trial Court's order directing the landlord to issue a no objection certificate for electric connection under Section 29(2) of the Maharashtra Rent Cont
2 provisions across 2 enactments
Ramkrishna Tukaramsa Bakale
Sulochana Madhavrao Bade
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
