Amitabh S/O Ramesh Nigam v. Amit Raghunandan Saran Sharma And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1756/2021 Amitabh Ramesh Nigam...Versus...Amit Raghumandan Saran Sharma and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ Mr. Akshay Sudame, Advocate for the petitioner. Mr. A.AMadiwale, AGP for respondent No.3.

Mr. Rahul Dhande, Advocate for Respondent Nos.1 and 2 CORAM : AVINASH G. GHAROTE, J.

DATE : 07/12/2021 Heard Mr. Sudame, learned counsel for the petitioner. He submits that the petition was filed considering that there was no revisional Authority under Section 44 of the Maharashtra Rent Control Act, 1999, duly authorized in that behalf, due to which the present petition came to be filed.

The learned AGP has placed on record a Gazette Notification dated 2nd September, 2000, whereby Additional Commissioner of the Revenue Division have been conferred a power to entertain and decide the revision application u/s 44(2) of the Maharashtra Rent Control Act and have also being made the competent Authority under Section 43 of the said Act, considering which Mr. Sudame seeks leave to withdraw the present petition, with liberty approach the revisional Authority.

He further requests that the interim order dated 04.05.2021 be continued for a period of two weeks further, in order to enable him to do so.

Mr. Dhande, learned counsel for Respondent Nos. 1 and 2 makes a request that in such a case the proceedings before the revisional Authority be made time bound.

The statement by Mr. Sudame, learned counsel for the petitioner is accepted. The petition is dismissed as withdrawn, with liberty to approach the revisional Authority within a period of two weeks from today, for which duration the interim order dated 04.05.2021 shall continue.

The parties to appear before the revisional Authority on 20.12.2021. The revisional Authority shall thereafter proceed to hear and decide the matter on merits within a period of sixty days therefrom. The petition is accordingly disposed of.

JUDGE rvjalit

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