Disposed

Zakiya Salim Khot v. the State of Maharashtra and Ors.

Bombay HC14 Jun 2017WP/4457/2017

Case brief

AI extract

What is this about?

Single bench heard writ petitions challenging eviction notices issued by Tahsildar and Municipal Corporation without show-cause notice or opportunity of hearing. Court directed authorities to treat notices as show-cause notices, provide personal hearing, and maintain status quo.

What did the court decide?

Diretced authorities to treat notices as show-cause notices, provide personal hearing, and maintain status quo until decision.

Zakiya Salim Khot Vs the State of Maharashtra and Ors. — Landlord and Tenant | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5001 OF 2017

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Muzamil Nasim Khot & Ors. … Petitioners Vs. The State of Maharashtra & Ors. … Respondents WITH WRIT PETITION NO. 4449 OF 2017 M/s. United Business Enterprises … Petitioner Vs. State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 4456 OF 2017

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Ashfaq Ibrahim Don … Petitioner Vs. The State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 4457 OF 2017

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Zakiya Salim Khot … Petitioner Vs. The State of Maharashtra & Ors. … Respondents

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Ms. A.R.S.Baxi for the Petitioners in WP/5001/2017. Ms. Jai V. Kanade i/b. Ms. Shruti Tulpule & Ms. Ulka Saranjame for the Petitioners in WP/4449/2017 and WP/4457/2017. Ms. Jai V. Kanade i/b. Ms. Sanjukta Dey for the Petitioner in WP/4456/2017. Mr. R. M. Shinde, AGP for Respondent Nos.1 & 7-State in all Writ Petitions.

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Mr. Ishwar Nankani a/w Ms. Gauri Memon i/b. M/s. Nankani & Associates for Respondent Nos. 2 to 4 in all Writ Petitions.

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Mr. Prashant Kamble i/b. Mr. A. S. Rao for Respondent Nos. 5 & 6 in all Writ Petitions.

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CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

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DATE : JUNE 14, 2017.

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P.C. :

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The Petitioners have filed these Petitions challenging the action taken by the Tahsildar, Kalyan, as also the Kalyan-Dombivali Municipal Corporation.

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We find that the impugned actions, which have been taken by the Tahsildar, Kalyan, as also the said Municipal Corporation, asking the Petitioners to vacate the premises in question, have been taken without issuance of any show-cause notice and without affording any opportunity of being heard to the Petitioners. It appears that the Tahsildar has given extremely short notice of about five hours to the Petitioners to vacate the premises, whereas, the Corporation has issued a notice asking the Petitioners to immediately vacate the premises.

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Keeping in view the aforesaid facts, we are of the view that these Petitions deserve to be disposed of by directing the Tahsildar, as also the competent authority of the Kalyan-Dombivali Municipal Corporation, to pass appropriate orders after considering the reply as may be filed by the Petitioners, treating the impugned notices as

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show-cause notices. The reply, if not filed by the Petitioners, be now filed within four weeks from today alongwith the supporting documents in regard to their contentions. On receipt of the said reply, the Tahsildar and the competent authority of the KalyanDombivali Municipal Corporation, as the case may be, will give an opportunity of personal hearing to the Petitioners and then pass a reasoned order uninfluenced by the earlier notices of eviction. The Petitioners to submit the additional reply/representation alongwith supporting documents before the authority concerned, within one month from today. The Petitioners, as also the representative of the 2^nd respondent - Maharashtra Maritime Board, to appear before the said authority on 17th July, 2017. On that date, or immediately thereafter, the matters be heard by the said authority and be decided within eight weeks from the date of hearing. Till the matters are decided by the authority as aforesaid, the status quo as it exists today shall be maintained by the parties.

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With the aforesaid directions, the Writ Petitions are disposed of.

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(M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.)

Zakiya Salim Khot v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Zakiya Salim Khot v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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