Choithram Bacharam Khubnani vs State Of Maha., Thr. Secy., Revenue And ...
2024 Latest Caselaw 25938 Bom

Bombay High Court

Choithram Bacharam Khubnani vs State Of Maha., Thr. Secy., Revenue And ... on 20 September, 2024

Author: Avinash G. Gharote

Bench: Avinash G. Gharote, M.S. Jawalkar

2024:BHC-NAG:10592-DB


                 Judgment                                          1




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                NAGPUR BENCH, NAGPUR.

                                       WRIT PETITION NO. 5590 OF 2024
                         Choithram Bacharam Khubnani,
                         Aged about 80 years, Occ. Business,
                         R/o. Block No.19, Near Mahatma Gandhi
                         School, Jaripatka, Nagpur - 440014
                                                                                       .... PETITIONER
                                                        // VERSUS //


                 1.      The State of Maharashtra, through its
                         Secretary, Revenue and Forest
                         Department, Mantralaya,
                         Mumbai 32

                 2.      The District Collector,
                         through the District Mining Officer,
                         Civil Lines, Nagpur
                                                                                    .... RESPONDENTS
                 ---------------------------------------------------------------------------------------------
                 Shri Abhay Sambre, Advocate for petitioner.
                 Shri M.J. Khan, AGP for respondents
                 ---------------------------------------------------------------------------------------------

                 CORAM             :      AVINASH G. GHAROTE AND
                                          SMT. M.S. JAWALKAR, JJ.

                 DATE             :       20/09/2024


                 JUDGMENT (PER: AVINASH G. GHAROTE, J.)

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Learned Assistant Government Pleader waives notice for

the respondents.

4. It is not disputed that the Lease Deed dated 25/05/2015,

executed in favour of the petitioner has a renewal clause (page 40),

ignoring which, by way of the impugned communication dated

08/07/2024 (page 22), the subject of the lease is proposed to be put to

auction. The issue has already been decided by the Division Bench of

this Court in Aijitkumar Amolakchand Jain vs The Collector, Gondia in

Writ Petition No. 3249/2020 (page 67), in view of which, the

impugned communication dated 08/07/2024 (page 22), is hereby

quashed and set aside and since the existence of the renewal clause in

the aforesaid Lease Deed is not disputed, the respondents are directed

to execute a Lease Deed in favour of the petitioners in terms of the

renewal clause for the duration as contemplated therein.

5. Rule accordingly. No order as to costs.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

Jayashree..

Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 23/09/2024 17:29:13