T.R.Kapoor And Co. v. State Of Maharashtra And Others

2025:BHC-AUG:29323 1 951-wp 4793-98.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4793 OF 1998 M/s. T. R. Kapoor And Co. Dealer;

M/s. Bharat Petroleum Corporation .. Petitioner

Versus

State Of Maharashtra And Others .. Respondents Mr. S. P. Shah, Advocate for the Petitioner.

Smt. R. r. Tandale, AGP for Respondent Nos. 1 to 3. Mr. S. S. Kulkarni, Advocate for Respondent Nos. 4 & 5. CORAM : KISHORE C. SANT, J.

DATE : 14th OCTOBER, 2025.

PER COURT :- 1.

This writ petition is of 1998 arising out of the eviction proceedings as the Government of Maharashtra had passed an order dated 06.10.1998 evicting the present petitioner from the land allotted to respondent Nos. 4 and 5. The eviction order was passed as the lease period had expired on 25.07.1991. On the land the present petitioner runs a petrol pump being dealer of respondent Nos. 4 and 5. An order of eviction came to be challenged.

2 951-wp 4793-98.odt 2.

The learned advocate Mr. Shah points out that, subsequently a lease deed came to be executed between the Government and respondent Nos. 4 and 5 on 12.12.2018 for a fresh period from 01.01.2018 till 31.12.2023. After expiry of the said lease period again a lease deed is executed on 01.04.2024 for further five years with effect form 01.01.2023 till 31.12.2027. He has produced on record copies of both the lease deeds.

3.

In view of these subsequent developments, no cause of action exists as on today. Therefore, the writ petition is disposed of without deciding any question. The legal remedies are kept open for the petitioner, in case, there is fresh cause of action. 4.

The copies of leases deeds dated 12.12.2018 and 01.04.2024 duly signed by the learned advocate are taken on record and marked as annexures "X" and "X-1" respectively for the purpose of identification.

5.

With this, the writ petition stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.