Sushila Ramasare Gupta And ANR v. The Board Of Trustees Of The Port Of Mumbai And ANR

7 & 11. WP 240-2020 & ANR..doc Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.09.19 19:59:18 +0530 DIKSHA DINESH RANE WRIT PETITION NO. 240/2020 SUSHILA RAMASARE GUPTA & ANR.

..PETITIONERS VS.

THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI & ANR.

..RESPONDENTS WITH WRIT PETITION NO. 2965/2019 URMILA VINOD MAROLIWALA ..PETITIONER VS.

THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI & ORS.

..RESPONDENTS ------------ Mr. Prerak Choudhary for the petitioners.

Mr. Nikunj Mehta a/w. Ms. Sneha Pandey i/b. Motiwalla & Co. for respondent no.1.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 19, 2022.

P.C. :

1.

Heard learned counsel for the petitioners.

2.

Learned counsel for the petitioners submits that the order of eviction at the instance of the lessor is sought to be executed against the petitioner (claiming to be a sublessee/tenant) without issuance of the show cause notice against the order of eviction as contemplated by Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereafter 'the said Act' for short).

7 & 11. WP 240-2020 & ANR..doc 3.

Learned counsel for the respondent no.1 raises preliminary objection for entertaining this writ petition on the ground that the petitioners have a remedy of filing an appeal under Section 9 of the said Act.

4.

Faced with this objection, learned counsel for the petitioners seeks leave to withdraw the writ petitions with liberty to file an appeal under Section 9 of the said Act. 5.

Liberty as prayed for is granted.

6.

All contentions are kept open.

7.

The writ petitions are disposed of as withdrawn. (M.S.KARNIK, J.)