Jayant Baburao Wani v. Satishchandra Ramchandra Wani And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.4804 OF 2018 JAYANT BABURAO WANI

VERSUS

SATISHCHANDRA RAMCHANDRA WANI AND OTHERS ...

Advocate for Petitioner : Mr. A.J. Patil Advocate for Respondent 1 : Mr. G.V. Wani ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 10/11/2023 PER COURT :

1.

By the instant writ petition, the petitioner is challenging the order passed by the Additional Commissioner, Nasik Division, Nasik dated 21.11.2017 and the order passed by the competent authority, Nasik Division, Nasik dated 22.7.2013 whereby the competent authority had held that the competent authority has jurisdiction to entertain the application filed by the respondent No. 1 for possession of the property along with arrears of the rent. The order passed by the competent authority was challenged before the revisional authority and the revisional authority has upheld the order of the competent authority.

2.

The learned counsel for the respondent No. 1 submits that the original applicant/petitioner is the employee of M.S.E.B., which is a public sector undertaking and the same has been held by both the authorities. The learned counsel for the petitioner does not dispute that the petitioner is employee of M.S.E.B. a Government sector undertaking. 3.

In view of the same and other factual finding is rendered that the application is filed within one year of retirement and is within limitation, the preliminary objection does not survive and stands concluded. 4.

The competent authority to decide the matter within six months from the date of production of this order.

5.

The Writ petition is disposed of accordingly. [ARUN R. PEDNEKER J.] ssc/