Bombay High CourtCAW/487/2015admittedallwdgrantedrule absolute

Shri Shantilal S/O Baglal Shah v. Shri Godiji Parshwanath Maharaj Sanstha, Through Its Trustees, Shri Padmakar Sukhlal Shah And Other

2015-08-03Hon'Ble Shri Justice Z.A. Haq3 pages

1 caw487.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.W. NO.487/2015 IN WRIT PETITION NO.6294/2013 Shri Shantilal s/o Baglal Shah ..Versus..

Shri Godiji Parshwanath Maharaj Sanstha, Balapur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 3.8.2015 Heard Shri C.A. Joshi, learned advocate for the respondents 1(i), 1(ii), 1(vi) and 1(vii) and Shri R.D. Bhuibhar, the learned advocate for the petitioner.

The respondent has filed this application praying that the petitioner be directed to pay the occupation charges at the rate of Rs.2,90,000/- per year from 17th April, 2015 till the disposal of the petition. It is submitted that as per the ready reckoner the valuation of the agricultural land which is being cultivated by the petitioner comes around Rs.6 Crores and the petitioner is taking yield of more than

2 caw487.15 Rs.10,000/- per acre from the suit field. In support of the claim, reliance is placed on the judgment given by this Court in the case of Super Max International Pvt. Ltd. & Ors. V/s. M/s. R.M. Choksey & Co. reported in 2009(3) ALL MR 528.

Undisputedly, the petitioner is cultivating 29 acres of agricultural land in respect of which the dispute is pending before this Court. Considering the nature of dispute, in my view, it would be appropriate to direct the petitioner to pay Rs.60,000/- per year as occupation charges to the respondent no.1 till the decision of the present writ petition. The amount of occupation charges shall be paid from 2015 - 2016 by demand draft. The amount of occupation charges for 2015 - 2016 shall be paid till 1st November, 2015. As far as the arrears are concerned, the petitioner is directed to furnish solvent surety for the sum of Rs.4,20,000/- to the satisfaction of the Registrar (J.) of this Court. The solvent surety shall be furnished within three months.

The judgment given in the case of Super Max International Pvt. Ltd. & Ors. V/s. M/s. R.M. Choksey & Co. (cited supra) does not assist the contentions of the respondent as the dispute in that case was under the provisions of the Maharashtra Rent Control Act and the

3 caw487.15 property involved in the dispute was situated at Mumbai. In the present case the dispute is in respect of an agricultural land. The petitioner shall continue to pay the occupation charges every year till 1st November, till the disposal of the petition. The civil application is partly allowed in the above terms. JUDGE Tambaskar.