Bombay High Court
Amit Raghunathan Saran Sharma And ... vs Amitabh Ramsharan Nigam on 19 September, 2022
Bench: Manish Pitale
1/4 41-WP 1312.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1312 OF 2022
Amit Raghunathan Saran Sharma and another
vs.
Amitabh Ramsharan Nigam
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. R. D. Dhande, Advocate for petitioners.
Mr. A. M. Sudame, Advocate for sole respondent.
CORAM : MANISH PITALE J.
DATE : 19/09/2022
The learned counsel appearing for the
respondent has handed over a pursis informing this
Court that in compliance with order dated
21/07/2022, the possession of the premises have
been handed over to the petitioners. The pursis is
taken on record. The learned counsel for the
petitioners submits that possession of the premises is
indeed handed over to the petitioners.
2. The learned counsel for the petitioners
submits that the impugned order dated 31/01/2022
passed by the Additional Collector is unsustainable on
the face of it, because it is based on erroneous
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appreciation of the admitted facts in the present case.
It is submitted that the only ground on which the
Additional Collector remanded the matter back to the
Rent Controller was that an opportunity of cross-
examination was not provided to the respondent.
The ground itself was untenable, because the
respondent by an order of the Rent Controller had
been denied leave to defend. The said order denying
the leave to defend was confirmed by this Court by
dismissing Writ Petition No.6626 of 2019 by a
judgment and order dated 04/03/2020, which in
turn was confirmed by the Hon'ble Supreme Court by
dismissing the SLP No.2696 of 2021 by an order
dated 18/02/2021. It was submitted when the
respondent was denied leave to defend by an order of
the Rent Controller which was upheld upto the
Supreme Court, there was no question of granting an
opportunity to the respondents for cross-examination
and therefore, the only ground on which the matter
was remanded to the Rent Controller was untenable.
On this basis, it was submitted that the impugned
order may be set aside and the matter be remanded
to the Additional Collector for deciding the revision
application on merits.
3. Mr.Sudame, the learned counsel appearing
for the sole respondent submitted that as on today,
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the respondent has filed Writ petition No.3753 of
2022, challenging the constitutional validity of
Section 43(4)(a) of the Maharashtra Rent Control
Act, 1999 and that therefore, this Court may keep the
present writ petition pending.
4. It is informed that the Division Bench of
this Court has already issued notice on 08/07/2022
in Writ Petition No.3753 of 2022. This Court is of the
opinion that mere pendency of the aforesaid writ
petition, challenging the constitutional validity of
Section 43(4)(a) of the Maharashtra Rent Control
Act, 1999 ought not to result in the present petition
remain pending.
5. Considering the admitted facts in the
present case, which demonstrate that the respondent
was denied leave to defend and the order had
attained finality upto the Hon'ble Supreme Court, the
only ground on which the Additional Collector partly
allowed the revision application, is found to be
unsustainable. There was no reason for the
Additional Collector to have remanded the matter to
the Rent Controller in the teeth of admitted facts.
6. In view of the above, the writ petition is
partly allowed. The impugned order dated
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31/01/2022, is quashed and set aside. The matter is
now remanded to the Additional Collector for
consideration on merits. The parties shall appear
before the Additional Collector on 03/10/2022. The
Additional Collector shall dispose of the revision
application expeditiously.
7. According to the petitioners, the
respondent has shifted residence and therefore, latest
correct address may be supplied to the petitioners.
The respondent shall do so at the earliest.
JUDGE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:20.09.2022
10:10
KOLHE
