Taralekar Motars Pvt. Ltd. Thr. Its Director v. Estate Officer Central Railways Pune Drm Office

Bombay HC12 Mar 2024WP/2529/2024

Case brief

AI extract

What is this about?

Writ petition challenging eviction under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and the District Court's order confirming it. Court issued notice to the Railways returnable on 12.03.2024 and stayed the impugned judgment and order until then.

What did the court decide?

Notice issued to Respondent returnable 12.03.2024; impugned judgment & order dated 21.11.2023 stayed till then.

Taralekar Motars Pvt. Ltd. Thr. Its Director vs Estate… — Landlord and Tenant | Bombay HC (2024)

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P1. CIVIL WPST-3999-24.docx

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Amberkar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION (ST) NO. 3999 OF 2024

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Taralekar Motors Pvt Ltd .. Petitioner

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Versus

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Estate Officer, Central Railways. .. Respondent

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Mr. S.S. Patwardhan i/by Ms. Mrinal A. Shelar for Petitioner

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CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 27, 2024

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P. C.:

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Not on board. Mentioned. Taken on board.

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Perused the praecipe dated 27.02.2024. Heard Mr. Patwardhan, learned Advocate for Petitioner.

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The impugned judgment & order dated 21.11.2023 passed by the District Court against the order of eviction passed by the Estate Officer, rather both orders come to a definite conclusion that there is a dispute of title between the parties. This is a case under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

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Mr. Patwardhan seeks to refer to and rely upon various Citations. Citations shall be circulated to the Court as also to the other side. An arguable case is made out by Mr. Patwardhan for issuance of

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P1. CIVIL WPST-3999-24.docx

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notice and stay of the impugned order on the basis of the above submissions. Respondent, Railways will have to be heard.

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Issue notice to the Respondent made returnable on 12.03.2024. Humdast permitted.

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In addition to Court's notice, Petitioner is directed to serve copy of the Petition along with copy of this order on the Respondent and inform about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date. After receiving the notice, Respondent to file affidavit-in-reply on or before the next date, if so desired with an advance copy to the Advocate for Petitioner.

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Respondent is directed to remain present either himself or through his Advocate on the next adjourned date. It is made clear that if Respondent remains absent despite service on the next adjourned date, this Writ Petition shall be heard and disposed of at the stage of admission in the absence of the Respondent.

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Stand over to 12^th March, 2024. In the meanwhile, the impugned judgment & order dated 21.11.2023 shall stand stayed.

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Amberkar

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[ MILIND N. JADHAV, J. ]

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Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2024.02.27 18:45:34 +0530

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Taralekar Motars Pvt. Ltd. Thr. Its Director v. Estate Officer Central Railways Pune Drm Office

Case brief

What is this about?

What did the court decide?

Taralekar Motars Pvt. Ltd. Thr. Its Director v. Estate Officer Central Railways Pune Drm Office

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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