Aparna Arun Patayane v. The Collector Mumbai And ORS

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.07.08 16:14:04 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8200 OF 2025 Aparna Arun Patayane, Aged 69 years, Adult, Indian Inhabitant, Occupation-Nil, Residing at 7/703, Siddhi Prabha CHSL, New Prabhadevi Road, Prabhadevi, Mumbai - 400025 ... Petitioner

Versus

1. The Collector, Mumbai District Old Custom House, Shahid Bhagat Sigh Marg, Fort, Mumbai - 400 001 ... Respondents 2 Akshay Arun Patayane, Adult, Indian Inhabitant, Occupation-Service, Residing at 7/703, Siddhi Prabha CHSL, New Prabhadevi Road, Prabhadevi, Mumbai - 400025 3 Apurva Akshay Patayane, Adult, Indian Inhabitant, Occupation-Service, Residing at 7/703, Siddhi Prabha CHSL, New Prabhadevi Road, Prabhadevi, Mumbai - 400025 1/5

Ms. Chanchal Singh i/b R. V. Sankpal & Associates for the Petitioner Mrs. M. S. Bane, A.G.P for the Respondents-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

THURSDAY, 3 rd JULY 2025 ORAL ORDER (Per Revati Mohite Dere, J.) :

Heard learned counsel for the parties.

Rule. Learned A.G.P waives service on behalf of the respondents-State.

Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. By this petition, the petitioner seeks a direction to respondent No.1-Collector, Mumbai District, to register the petitioner's complaint and to hear and dispose of the same expeditiously, preferably within a period of three months. 2/5

By way of interim relief, the petitioner seeks a direction to respondent Nos. 2 and 3 to pay Rs.22,000/-, being the rent collected from Flat No. 1709, situated in Mumbai, and an additional direction to them to pay Rs. 10,000/- per month as maintenance.

As far as prayer clause (a) is concerned, we are informed that respondent No.1 has already registered the petitioner's complaint and has fixed the petitioner complaint for hearing on 21st July 2025. Hence, the said prayer does not survive.

In our view, since the matter pertains to a senior citizen and keeping in mind the very object of the relevant legislation, it is incumbent upon the authorities to grant an early hearing and dispose of the matter expeditiously. 3/5

Considering the urgency involved, namely, that the petitioner is required to undergo surgery, we request respondent No.1 to consider preponing the date of hearing, if such a request is made by the petitioner. Further, considering the urgency, we also request respondent No.1 to decide the interim reliefs sought by the petitioner in his complaint, in accordance with law. We further request respondent No.1 to dispose of the petitioner's complaint as expeditiously as possible and, in any event, within a period of two months from the date of receipt of this order.

Needless to state that, we have not examined the merits of the petitioner's complaint and as such, all contentions of all parties on merits are kept open.

Rule is made absolute in the above terms. Petition stands disposed of accordingly.

4/5

Learned A.G.P to communicate this order to respondent No.1 to enable them to take appropriate steps. All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 5/5