Rampyari Omprakash Totala Through Her Power Of Attorney Pawan Omprakash Totala v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:555-DB 373.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 WRIT PETITION NO. 373 OF 2024 RAMPYARI OMPRAKASH TOTALA THROUGH HER POWER OF ATTORNEY PAWAN OMPRAKASH TOTALA

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....

Mr S. G. Kawade, Advocate for Petitioner;

Mr R. S. Wani, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 10th January, 2024 PER COURT:

1.

The Petitioner prays that this Court should issue a Writ of Mandamus to enable the recovery of monthly rent payable to the Petitioner by Respondent Nos.3 to 6, as per the contract agreement. The learned A.G.P. points out that there are certain shortcomings in the proposal for payment of rent. 2.

It does not call for any debate that the High Court should not act as a Recovery Agent, inasmuch as, the disputed issues to the extent of the unpaid rent amounts, cannot be entertained by this Court.

373.24wp (2) 3.

In view of the above, this Writ Petition is disposed off. If the Petitioner approaches the Divisional Commissioner, Chhatrapati Sambhajinagar with her grievance, the said Authority shall personally look into the matter and follow the due procedure for redressal of the Petitioner's grievance, if there is no legal impediment. In the event of any dispute as regards the quantum of amounts, the Petitioner would be at liberty to approach the Competent Civil Court for appropriate reliefs. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk