Mrs. Mehboob Bi Mohd. Hanif Khan v. Smt. Rajvati Ramdhani Yadav And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7273 OF 2015 Mrs. Mehboob bi Mohd. Hanif Khan.

] ... Petitioner

Versus

1. Smt. Rajvati Ramdhani Yadav, ]

2. The State of Maharashtra.

] ... Respondents Mr. S. C. Kanojia for Petitioner.

CORAM :- M. S. SONAK, J.

DATE :- AUGUST 31, 2015 P. C. :- 1.

This petition challenges order dated 17/12/2014 made by the Competent Authority under Section 24 of the Maharashtra Rent Control Act, 1999 ('Rent Act').

2.

As against the order made by the Competent Authority under Section 24 of the Rent Act, although the legislature has not provided for any appeal, Section 44(2) of the Rent Act provides for remedy of a revision. Accordingly, there is no reason to directly entertain the present petition.

3.

If the Petitioner institutes a Revision Application within four weeks from today, then the Petitioner, shall be at liberty to URS

2 WP 7273-15.doc-34 contend that the period spent in this Court, prosecuting the present petition, be set off or in any case, be taken into consideration in the matter of institution of the Revision Application. 4.

With the aforesaid observation, this petition is dismissed. There shall be no order as to costs.

5.

It is made clear that this Court has not examined the matter on merits and accordingly all contentions of all parties are left open.

(M. S. SONAK, J.) URS