The High Court of Bombay disposed of a writ petition challenging an eviction order without hearing as the petitioner was absent, and the petitioner had already vacated the premises in 2019.
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.
1/2 S-1.WP.11859.2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11859 OF 2018
Mr. Shaikh Mohd. Arif S/o.
Late Mr. Abdul Qayyum… Petitioner
Vs.
State of Maharashtra & Ors.… Respondents
None for the Petitioner.
Mr. S. H. Kankal, AGP for the Respondent No.1-State.
Mr. R. P. Ojha for the Respondent Nos. 2 and 3.
Mr. Prakash Raman, Upper Divisional Clerk, Estate Department,
Union of India.
CORAM: MADHAV J. JAMDAR, J.
DATE : 5th AUGUST, 2021.
P. C:-
1. None appears for the Petitioner.
2.This petition appeared on board on 4th August, 2021 and as
none appeared for the Petitioner, to give one more opportunity to
the Petitioner, the matter is adjourned to today. Today also none
appears for the Petitioner.
3.Mr. R. K. Ojha, learned counsel appearing for the Respondent
No.2-the Estate Officer, Government of India and Respondent No.3-
the Assistant Estate Manager, Government of India states that the
Petitioner has vacated the premises in question namely shop No. 8,
Building No. 12, Sector -III, Kane Nagar, Mumbai- 400037 and
handed over possession to the Central Public Works Department,
Government of India on 14th February, 2021.
Sonali
2/2 S-1.WP.11859.2018.doc
4.Mr. Prakash Raman, Upper Divisional Clerk, Estate
Department, Union of India is personally present in Court and states
that on 14th February, 2019, the Petitioner has handed over the
possession as stated hereinabove and he also produces eviction
report dated 14th February, 2019. The said eviction report is taken on
record and marked ‘X’ for identification.
5.In the Writ Petition the impugned order is dated 27th August,
2018 passed by the learned Principal Judge, Greater Bombay in
Miscellaneous Appeal No. 158 of 2017. By the said order said
Miscellaneous Appeal was dismissed. In said Miscellaneous Appeal
No. 158 of 2017 order of eviction dated 10th November, 2017 passed
by the Estate Officer under sub-section (1) of Section 5 of the Public
Premises (Eviction of Unauthorized Occupants) Act, 1971 was
challenged. There is no stay order granted in this petition. Thus, it
is clear that the eviction order passed under the provisions of Public
Premises (Eviction of Unauthorized Occupants) Act, 1971 is
confirmed by the learned Principal Judge, Greater Bombay on 27th
August, 2018. The possession of shop No. 8 is already handed over
to the Central Public Work Department, Government of India on
14th February, 2019.
6.Thus, it appears that the Petitioner is not interested in
pursuing the Writ Petition. Writ Petition is disposed of.
(MADHAV J. JAMDAR, J.)
Sonali
1 provisions across 1 enactments
Shaikh Mohd. Arif
State of Maharashtra
Estate Officer, Government of India
Assistant Estate Manager, Government of India
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court