The single judge dismissed the writ petition challenging an order initiating eviction proceedings under the Bombay Government Premises (Eviction) Act, 1955. The court held that statutory provisions requiring show-cause notices and personal hearings preclude writ jurisdiction.
The petition is disposed of without any order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
oswpl305
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ssp
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L)NO.305 OF 2016
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Umar Khaiyam i/b Mr.Vikas Salvi & Associates for
the Petitioner
Ms P.H. Kantharia, G.P for the Respondent Nos.1 and 2
CORAM : A.S.OKA, &
C.V.BHADANG,JJ.
DATE : FEBRUARY 18, 2016.
P.C.:
.Not on board. Taken on board.
1Heard the learned counsel for the
petitioner. Perused the impugned order
dated 15th January 2016 (Exhibit P to
the petition). The order clearly
records that on the failure of the
petitioner to vacate the flat,
proceedings will be initiated against
the petitioner under the Bombay
GovernmentPremises(Eviction)
Act,1955. Thus, the said order itself
makes it clear that due process of law
will be adopted by the State
Government.UndertheBombay
Government Premises (Eviction) Act,1955
2 oswpl305
there are elaborate provisions for
issuing show cause notice, giving
personal hearing etc. in the cases
where an order of eviction proposed to
be passed. Therefore, no case is made
out for interference in writ
jurisdiction. All contentions of the
petitioner are kept open. The
petitioner will be entitled to raise
all contentions in the proceedings
under the said Act of 1955 before the
Competent Authority. The petition is
disposed of.
(C.V.BHADANG,J.)
3 issues framed by the court
Whether there is a case for interference in writ jurisdiction when eviction proceedings are to be initiated under the Bombay Government Premises (Eviction) Act, 1955.
Whether the existence of procedural safeguards in the statutory Act precludes the High Court from exercising writ jurisdiction.
Whether the petitioner is entitled to have the matter disposed of by invoking writ proceedings instead of the statutory mechanism.
1 provisions across 1 enactments
Office Notes, Office Memorandum
State of Maharashtra
A.S.Oka
C.V.Bhadang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court