Sandip S/O Gendlalji Tated v. Municipal Council Khapa, Thr. Chief Officer, Saoner, Nagpur And Others

20.wp.6104.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6104 OF 2022 SANDIP S/O GENDLALJI TATED -.Vs.- MUNICIPAL COUNCIL KHAPA, NAGPUR AND ORS.

-------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

-------------------------------------------------------------------------------------------------------------------- Mr A. R. Ingole, Advocate for the petitioner Mr A. M. Deshpande, I/c. GP for respondent No.2 CORAM :

SUNIL B. SHUKRE AND G. A. SANAP , J J .

DATED :

29.09.

Heard.

2] Since, the structure is in dilapidated condition which is presently under occupation by tenant i.e. respondent No. 3, whose tenancy has been already terminated by the petitioner, it would be appropriate for the petitioner to take recourse to appropriate civil remedy for first vacating the premises by taking recourse to law and then pulling it down, on the ground that the premises or the building has been so dilapidated that it is required to be pulled down. In fact, dilapidated state of building under occupation by tenant is a good ground under the Maharashtra Rent Control Act, 1999 for obtaining relief of vacating of the premises, in accordance with law, by tenant.

20.wp.6104.2022.odt 3] The petition is, therefore, summarily dismissed, with liberty to the petitioner to take recourse to the appropriate remedy, as may be available in law. (G. A. SANAP, J.) (SUNIL B. SHUKRE, J.) Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur