Smt.Sulabha Shripat Yadav v. The State Of Maharashtra And ANR

oswpl305 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO.305 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Umar Khaiyam i/b Mr.Vikas Salvi & Associates for the Petitioner Ms P.H. Kantharia, G.P for the Respondent Nos.1 and 2 CORAM : A.S.OKA, & C.V.BHADANG,JJ.

DATE : FEBRUARY 18, 2016.

P.C.:

.

Not on board. Taken on board.

Heard the learned counsel for the petitioner. Perused the impugned order dated 15th January 2016 (Exhibit P to the petition).

The order clearly records that on the failure of the petitioner to vacate the flat, proceedings will be initiated against the petitioner under the Bombay Government Premises (Eviction) Act,1955. Thus, the said order itself makes it clear that due process of law will be adopted by the State Government.

Under the Bombay Government Premises (Eviction) Act,1955

oswpl305 there are elaborate provisions for issuing show cause notice, giving personal hearing etc. in the cases where an order of eviction proposed to be passed. Therefore, no case is made out for interference in writ jurisdiction. All contentions of the petitioner are kept open.

The petitioner will be entitled to raise all contentions in the proceedings under the said Act of 1955 before the Competent Authority. The petition is disposed of.

(C.V.BHADANG,J.) (A.S.OKA,J.)