Jayendra Hiralal Shroff And Another v. The State Of Maharashtra And Others
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.6547 OF 2020 JAYENDRA HIRALAL SHROFF AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
None for the Petitioners.
AGP for the Respondents/ State : Shri S.G. Sangle ...
CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.
DATE :- 08th July, 2021 P er Court : - 1.
On 24.06.2021, we had passed the following order:- "1.
Considering paragraph No.3 of our order dated 23.06.2021 and as this petition involves a limited grievance of the petitioners, who are senior citizens, as to the appointment of the Rent Controller to look after the proceedings filed by the litigants under the Maharashtra Rent Control Act, 1999 within the jurisdiction of the Aurangabad Municipal Corporation, we find that the learned AGP needs to take urgent instructions from respondent No.1. This petition indicates the plight of people like such petitioners, who are keen in to have their grievances redressed before the said authority.
2.
The learned AGP submits that the Presiding Officer under the Maharashtra Rent Control Act, 1999 is not appointed and the charge is handed over to the concerned authority at Pune.
3.
In view of the above, we are granting two weeks' time to the learned AGP to gather instructions from respondent No.1 as regards the appointment of the Rent Controller
*2* as prayed for, failing which, we would be constrained to direct the presence of the Principal Secretary, Housing Department, State of Maharashtra, Mantralaya, Mumbai, in this Court.
4.
Stand over to 03.07.2021."
2.
On 26.03.2021, we had recorded the statement of Shri Kawade, learned advocate for the petitioners, that his clients have taken away the brief from him and he has also given them "no objection" to engage a new lawyer. Since then, neither a new lawyer has entered an appearance on behalf of the petitioners, nor have the petitioners appeared before us through the online mode or by remaining present in the court hall in which an arrangement to address us by video-conferencing has been made.
3.
It is undisputed that normally the learned Civil Judge, Junior Division or the learned Civil Judge, Senior Division is appointed as the Rent Controller for a particular region.
4.
The learned AGP submits that he had contacted the Secretary, Law and Judiciary Department, State of Maharashtra, Mumbai and he was informed that the proposal dated 06.07.2021, copy of which is placed before us, has been received by the said Department and within 02 to 03 months, the appointment of the Rent Controller for the Aurangabad Municipal Corporation region would be made.
5.
The copy of the proposal dated 06.07.2021 placed before us is
*3* taken on record and marked as "X" for identification. 6.
Since the learned AGP is instructed to make the above statement, we dispose off this Writ Petition with the assurance that the concerned Department would ensure that the Rent Controller for the Aurangabad Municipal Corporation region would be appointed under the Maharashtra Rent Control Act, 1999 on or before 15.10.2021. 7.
This Writ Petition is, accordingly, disposed off. kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)