Bombay High Court
Naresh Shriramji Dhole And Others vs Sadanand Guru Mallikarjun And ... on 20 March, 2017
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2471 OF 2016
1) Naresh Shriramji Dhole,
Aged about 44 years,
Occupation - Service,
2) Pawan Shriramji Dhole,
Aged about 36 years,
Occupation - Labour.
3) Yogesh Shriramji Dhole,
Aged 30 years,
Occupation - Nil,
All R/o Patharkar Math, Juni
Kotwali, Amravati, Tq. & Distt.
Amravati. .... PETITIONERS
VERSUS
1) Sadanand Guru Mallikarjun,
Swami Patharkar,
Aged about 42 years,
Occupation - Advocacy,
R/o Patharkar Math, Juni Kotwali,
Amravati, Tq. & Distt. Amravati.
2) The Deputy Collector,
Rent Controller, Amravati.
3) The Collector,
Amravati, Tq. & Distt. Amravati. .... RESPONDENTS
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______________________________________________________________
Shri C.A. Babrekar, Advocate for the petitioners,
Shri S.D. Dharaskar, Advocate for the respondent No.1,
Ms. S.Z. Haider, A.G.P. for the respondent Nos.2 and 3.
______________________________________________________________
CORAM : Z.A. HAQ, J.
DATED : 20
MARCH, 2017.
th
ORAL JUDGMENT :
Heard learned Advocates for the respective parties.
2. Rule. Rule made returnable forthwith.
3. The petitioners/tenants have challenged the order passed
by the learned Additional Collector dismissing the appeal filed by the
petitioners and maintaining the order passed by the Deputy Collector
by which the application filed by the respondent/landlord under the
provisions of the C.P. and Berar Letting of Premises and Rent Control
Order, 1949 is allowed and permission is granted to the respondent/
landlord to terminate the tenancy of the petitioners/tenants.
The learned Advocate for the petitioners has made
submissions on various points, however, the petition can be disposed
of on the ground that the Deputy Collector committed serious
irregularities while disposing the application filed by the
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respondent/landlord.
4. Shri C.A. Babrekar, learned Advocate for the petitioners
has pointed out that the proceedings before the Deputy Collector were
fixed on 28th July, 2008 for recording further evidence and the copy of
the order-sheet filed on record shows that the matter was adjourned
for 10th September, 2008. It is undisputed that after 28 th July, 2008
the matter was taken up on 3 rd September, 2011 and it was closed for
orders and the order came to be pronounced on 26th September, 2011.
The facts on record show that the learned Deputy Collector has not
only committed serious irregularity in dealing with the matter but
there has been gross violation of the principles of natural justice and
the petitioners/tenants are deprived of the opportunity of adducing
evidence. The learned Additional Collector-Appellate Authority has
failed to appreciate this aspect and therefore, the order passed by him
is also vitiated and is required to be set aside.
5. Hence, the following order :
(i) The impugned orders are set aside.
(ii) The matter is remitted to the House Rent Controller/
Deputy Collector, Amravati for deciding the application
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filed by the respondent/landlord afresh.
(iii) The Deputy Collector shall proceed in the matter
according to law and shall decide the application after
giving proper opportunity to the concerned parties.
(iv) The petitioners and the respondent No.1 undertake to
appear before the House Rent Controller/Deputy Collector
on 24th April, 2017 at 11.00 a.m. and abide by the further
orders in the matter.
Rule made absolute in the above terms. In the
circumstances, the parties to bear their own costs.
JUDGE
adgokar
