M/S. Marks Cabel And Conductors Pvt. Ltd. v. The Deputy Collector And Competent Authority And ANR.

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11500 OF 2015 WITH CIVIL APPLICATION NO. 3073 OF 2015 M/s. Marks Cable & Conductors Pvt. Ltd.

..Petitioner Vs.

The Deputy Collector & Competent Authority & anr.

..Respondents ....

Colonel Abhijit G. Kadam (Retd.) for the petitioner. Mr. R.P. Kadam, AGP for State.

Mr. Vaibhav Gaikwad for respondent No.2.

....

CORAM : M.S.KARNIK, J.

DATE : 3rd JANUARY, 2019 P.C. :

The petitioner/tenant has by this Petition challenged the order dated 11/6/2015 passed by the Competent Authority whereby the application filed by the petitioner dated 22/12/2014 is rejected on the ground that the petitioner in the application did not mention specifically which documents he wants to discover and produce for inspection. In the impugned order an observation is made that the application is made only with a view to prolong the proceedings.

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2.

Learned Counsel for the petitioner, on instructions, makes a statement that petitioner has already handed over the possession of the premises to the respondents. My attention is invited to Original Application No. 25132 of 2014 wherein respondent No.2 prayed for the following relief : "A) The respondent may kindly be directed to vacate the godown premises namely, Gala Nos. 2-B,3,4,5 & 6 totally admeasuring 45000 sq.ft. At IAF Shed No.TW-2 at Cotton Green Godown, near Ram Mandir, Cotton Green (East), Mumbai - 400 083 and hand over vacant and peaceful possession to the applicant."

3.

Now that the vacant and peaceful possession of the premises has been handed over to respondent No.2, as nothing really survives for consideration in the original application pending before the Competent Authority, the issue involved in present Petition is rendered academic. No useful purpose would be served in examining the petitioner's contentions. 4.

Needless to mention, the respondent No.2 is entitled to apply to the Competent Authority for any other appropriate reliefs which he is entitled to in law.

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5.

It is made clear that I have not dealt with merits of petitioner's challenge in this Petition.

6.

The Writ Petition is disposed of.

(M.S.KARNIK, J.) 3/3