Ramkhilawan Raghunath Halwai v. State Of Maharashtra Thr Government Pleader And ORS

bipin prithiani 33-ia-7775.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7775 OF 2025 IN WRIT PETITION NO. 14580 OF 2024 Ramkhilawan Raghunath Halwai ...

Applicant/

Versus

Petitioner State of Maharashtra through Government Pleader & Ors.

...

Respondents ****** Mr. Jitendra B. Mishra a/w Mr. Rupesh Dubey for the Applicant/ Petitioner.

Mr. P. V. Nelson Rajan, AGP for Respondent Nos.1 and 2. Mr. Yash Tiwari for Respondent Nos.4 and 5.

Mr. Amogh Singh i/by Adv. Jeet Gandhi for Respondent No.6. ****** CORAM: MANISH PITALE, J.

DATE : 6th OCTOBER 2025 P.C. :

.

In the order dated 25th August 2025, this Court had recorded the plight of the petitioner, who is a 80 year old person. 2.

The learned counsel for the petitioner submits that impugned order contains no reasoning at all and a declaration is given by the respondent No.2-Authority, as if it is a Court. This Court finds substance in the contention raised on behalf of the petitioner.

3.

It is further brought to the notice of this Court that due to the impugned order, the respondent No.6-Developer stopped

bipin prithiani 33-ia-7775.25.doc paying the rent, which until that time was being paid on the basis of the agreement executed between the petitioner and respondent No.6.

4.

Respondent Nos.1 and 2 are represented by learned AGP. There is no appearance on behalf of respondent No.3 i.e. Maharashtra Housing and Area Development Authority (MHADA). But, a perusal of the record shows that Mr. P. G. Lad, along with Ms. Sayali Aapte, had appeared for the said respondents before this Court on 22nd October 2024. 5.

Mr. Yash Tiwari, learned counsel has instructions to appear on behalf of respondent Nos.4 and 5, who are brothers of the petitioner and contesting respondents. He seeks time to file reply affidavit. Mr. Amogh Singh, learned counsel appears on behalf of respondent No.6-Developer.

6.

This Court is of the opinion that there is indeed urgency in the matter, considering the plight of the petitioner, who is a senior citizen and aged about 80 year old.

7.

Hence, list this petition for final disposal on 15th October 2025 (High on Board).

8.

In the meanwhile, respondent Nos.4 and 5 may file their reply affidavits.

MANISH PITALE, J.

BIPIN DHARMENDER PRITHIANI BIPIN DHARMENDER PRITHIANI Date: 2025.10.07 14:53:17 +0530