Smt. Poonam W/O Prabhakar Hatwar, Through P.O.A. Shri Prabhakar Jagannath Hatwar v. The Honble Collector, Nagpur And 2 Others

Order 1703w1384.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1384 OF 2015.

Smt. Poonam Prabhakar Hatwar -VERSUSThe Hon'ble Collector, Nagpur and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI AND S.B.SHUKRE, JJ.

DATE : MARCH 17, 2015.

Heard Shri R.S. Kalkar, learned Counsel for the petitioner and Shri M.K. Pathan, learned A.G.P. for respondent nos. 1 and 2.

The learned Counsel for petitioner submits that as there is a dispute between the petitioner - landlady and respondent no.3 licensee/tenant, the licence of respondent no.3 under Bombay Prohibition Act, cannot be renewed.

During hearing, learned A.G.P. who appears for respondent nos. 1 and 2 has invited our attention to a circular dated 05.10.1981. He submits

Order 1703w1384.15 that verification about the title and licensee of tenanted premises is required to be undertaken at initial stage only and not thereafter.

Having heard the learned counsel for the respective parties, we find that the impugned order bases itself on the circular dated 05.10.1981. It is therefore, apparent that if there is any dispute between the landlord and tenant, the petitioner has to approach the Civil Court to obtain appropriate relief in that respect.

Hence, with said liberty to the petitioner, we dispose of the Writ Petition. No costs.

JUDGE JUDGE Rgd.