Bombay High Court
Sawatram Ramprasad Mills vs Surendra Mohandas Takrani & 7 Ors on 4 October, 2018
Author: Rohit B. Deo
Bench: Rohit B. Deo
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3890 OF 2007
Sawatram Ramprasad Mills,
a Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Harilal Mulchand Tahalramani,
Aged about 48 years, Occ: Business,
Shop No.4, R/o Tilak Road, Akola,
Tq. & Dist. Akola.
2] Girdharlal Totaldas Khanchandani,
Aged about 38 years, Occ: Business,
Shop No.13, R/o Savatram Mill Chawl,
Akola, Tq. & Dist. Akola.
3] Tulsidas Ramchandra Santani,
Aged about 58 years, Occ: Business,
Shop No.11, R/o India Men's Ware,
Akola, Tq. & Dist. Akola.
4] Nanakram Kallumal Santani,
Aged about 60 y6ears, Occ: Business,
Shop No.6, R/o Tilak Road, Akola,
Tq. & Dist. Akola.
5] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
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WRIT PETITION NO.4044 OF 2007
Sawatram Ramprasad Mills,
through the General Manager,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Chotalal Vithaldas Ruparel,
Aged about 65 years, Occ: Business,
R/o Tilak Road, Akola,
Tq. & Dist. Akola.
Respondent No.2 2] Chandulal Narbheram
is deleted as per
Court's order dt.
Aged about 78 years, Occ: Business,
14.12.09 Goenka Plots, Rukhmini Nagar, Akola,
Tq. & Dist. Akola.
Substituted name of R-2
Prakash Amrutlal Takrani,
R/o Goenka Nagar, Rukhmini Nagar,
Akola.
3] Rajkumar Mohandas Rajdeo,
Adult, Occ: Business, Carona Shoes,
Shop No.8, R/o Tilak Road, Akola,
Tq. & Dist. Akola.
4] (1) Vijay Stores,
through Prop. Ramkrishna Govindrao
Bhagat (Dead).
(2) Chandrakant s/o Govindrao Bhagat
(Dead).
(1-A) Smt. Padma Chandrakant Bhagat,
Aged about 37 years, Occ: Household work.
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(1-B) Ku. Snehal Chandrakant Bhagat,
Aged about 15 years, Occ: Student,
Minor by guardian mother
Smt. Padma Chandrakant Bhagat.
(1-C) Ku. Diksha Chandrakant Bhagat,
Aged about 12 years, Occ: Student,
Minor by guardian mother
Smt. Padma Chandrakant Bhagat.
L.R. of Ramkrushna Bhagat and
Chandrakant Bhagat.
All R/o Telipura, Akola,
Tq. & Dist. Akola.
5] Dineshchandra s/o Bhikulal Agrawal,
Adult, Occ: Business,
Running business under the name and
style as Bhikulal Dineshchandra,
R/o Tilak Road, Akola,
Tq. & Dist. Akola.
6] Mohd. Ali s/o Mulla Hasan Ali,
Adult, Occ: Business,
R/o Akola, Tq. & Dist. Akola
Shop No.3, Hind Store (Kanchan)
Tilak Road, Akola.
7] L.Rs. Of Ramniklal Babulal Ganatra
1) Kanchanben R. Ganatra.
2) Mukesh Dhirajlal Karia.
Nos.1 and 2 are adult,
Occ: Business, R/o S.R. Mills Chawl, Akola,
Tq. & Dist. Akola.
8] 1) Lalitkumar Shantilal,
Adult, R/o Akola.
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2) Mohd. Asif Gulam Ishiq,
Adult, R/o Tilak Road, Akola.
9] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.4098 OF 2007
Sawatram Ramprasad Mills,
Through General Manager,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Savatram Sons Pvt. Ltd.,
through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Compound,
Tilak Road, Akola.
2] Alokkumar Goenka,
R/o S.R. Mills Compound,
Tilak Road, Akola,
Tq. & Dist. Akola.
3] Ratanlal Goenka & Company
through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Chawl, Akola,
Tq. & Dist. Akola.
4] Sawatram Krisha Karya (P.) Ltd.,
through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Compound,
Tilak Road, Akola, Tq. & Dist. Akola.
5] Savatram Dairy Products Ltd.,
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through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Compound,
Tilak Road, Akola, Tq. & Dist. Akola.
6] (1) Amarnath s/o Ramadhar Tiwari,
Aged about 59 years, Occ: Service.
(2) Ravindranath s/o Ramadhar Tiwari,
Aged about 45 years, Occ: Service.
Both R/o S.R. Mills Chawl, Near Dagdi Pool,
Akola, Tq. & Dist. Akola.
7] Mehboob Khan Abdulla Khan,
Aged about 59 years, Occ: Service,
Near Dagdi Pool, Akola,
Tq. & Dist. Akola.
8] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.4147 OF 2007
Sawatram Ramprasad Mills,
Through the General Manager,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Asandas s/o Lakhumal Wadhawani,
Running business in the name of
New Cloth Stores, S.R. Mills Chawl,
Akola, Tq. & Dist. Akola.
2] Tekchand s/o Meharmal Takrani,
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Aged about 55 years, Occ: Business,
Bharati Cloth Stores, S.R. Mills Chawl,
Akola, Tq. & Dist. Akola.
3] Pesuram s/o Lekhumal Wadhwani,
Running business in the name of
Jai Jant Cloth Stores, S.R. Mills Chawl,
Akola, Tq. & Dist. Akola.
4] Kantilal s/o Laxmidas Lohana,
Aged about 71 years, Occ: Business,
R/o Savatram Mill Chawl, Akola,
Tq. & Dist. Akola.
5] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.4194 OF 2007
Sawatram Ramprasad Mills,
Through the General Manager,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Vijay Mohandas Takarani,
Aged about 40 years,
Occ: Business, R/o Savatram Mills Chawl,
Akola, Tq. & Dist. Akola.
2] Satramdas Arjundas Takarani,
S.R. Mills Chawl, Opp: Old Cotton Market,
Akola, Tq. & Dist. Akola.
3] Mohandas Arjundas Takarani,
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R/o S.R. Mills Chawl, Opp: Old Cotton
Market, Akola, Tq. & Dist. Akola.
4] Nandlal s/o Gyanchand Sawalani,
Adult, Occ: Business,
R/o Opp: Old Cotton Market,
Savatram Chawl, Akola,
Tq. & Dist. Akola.
5] Shri Mohd. Yunus s/o Mohd. Yusuf,
Aged about 56 years, Occ: Business,
R/o New Radio Center Shop No.9,
Tilak Road, Akola, Tq. & Dist. Akola.
6] Tekchand s/o Chelaram Lulla,
Aged about 44 years, Occ: Business,
R/o Sindhi Camp, Akola,
Tq. & Dist. Akola.
7] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.5233 OF 2007
Sawatram Ramprasad Mills,
a Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Harilal Mulchand Tahalramani,
Aged about 48 years, Occ: Business,
Shop No.4, R/o Tilak Road, Akola,
Tq. & Dist. Akola.
2] Girdharlal Totaldas Khanchandani,
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Aged about 38 years, Occ: Business,
Shop No.13, R/o Savatram Mill Chawl,
Akola, Tq. & Dist. Akola.
3] Tulsidas Ramchandrs Santani,
Aged about 58 years, Occ: Business,
Shop No.11, R/o India Men's Ware,
Akola, Tq. & Dist. Akola.
4] Nanakram Kallumal Santani,
Aged about 60 years, Occ: Business,
Shop No.6, R/o Tilak road, Akola,
Tq. & Dist. Akola.
5] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.5250 OF 2007
Sawatram Ramprasad Mills,
a Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Asandas s/o Lakhumal Wadhawani,
Running business in the name of
New Cloth Stores, S.R. Mills Chawl,
Akola, Tq. & Dist. Akola.
2] Tekchand s/o Meharmal Takrani,
Aged about 55 years, Occ: Business,
Bharati Cloth Stores, S.R. Mills Chawl,
Akola, Tq. & Dist. Akola.
3] Pesuram s/o Lekhumal Wadhwani,
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Running business in the name of
Jai Janta Cloth Stores,
S.R. Mills Chawl, Akola, Tq. & Dist. Akola.
4] Kantilal s/o Laxmidas Lohana,
Aged about 71 years, Occ: Business,
R/o Savatram Mill Chawl, Akola,
Tq. & Dist. Akola.
5] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.5291 OF 2007
Sawatram Ramprasad Mills,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Chotalal Vithaldas Ruparel,
Aged about 65 years, Occ: Business,
R/o Tilak Road, Akola,
Tq. & Dist. Akola.
Respondent No.2 2] Chandulal Narbheram
is deleted as per
Court's order dt.
Aged about 78 years, Occ: Business,
14.12.09 Goenka Plots, Rukhmini Nagar, Akola,
Tq. & Dist. Akola.
Substituted name of R-2
Prakash Amrutlal Takrani,
R/o Goenka Nagar, Rukhmini Nagar,
Akola.
3] Rajkumar Mohandas Rajdeo,
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Adult, Occ: Business, Carona Shoes,
Shop No.8, R/o Tilak Road, Akola,
Tq. & Dist. Akola.
4] (1) Vijay Stores,
through Prop. Ramkrishna Govindrao
Bhagat (Dead).
(2) Chandrakant s/o Govindrao Bhagat
(Dead).
(1-A) Smt. Padma Chandrakant Bhagat,
Aged about 37 years, Occ: Household work.
(1-B) Ku. Snehal Chandrakant Bhagat,
Aged about 15 years, Occ: Student,
Minor by guardian mother
Smt. Padma Chandrakant Bhagat.
(1-C) Ku. Diksha Chandrakant Bhagat,
Aged about 12 years, Occ: Student,
Minor by guardian mother
Smt. Padma Chandrakant Bhagat.
L.R. of Ramkrushna Bhagat and
Chandrakant Bhagat.
All R/o Telipura, Akola,
Tq. & Dist. Akola.
5] Dineshchandra s/o Bhikulal Agrawal,
Adult, Occ: Business,
Running business under the name and
style as Bhikulal Dineshchandra,
R/o Tilak Road, Akola,
Tq. & Dist. Akola.
6] Mohd. Ali s/o Mulla Hasan Ali,
Adult, Occ: Business,
R/o Akola, Tq. & Dist. Akola.
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7] 1) Kanchanben R. Ganatra.
2) Mukesh Dhirajlal Karia.
(L.Rs. of Ramniklal Babulal Ganatra)
Nos.1 and 2 are adult,
Occ: Business, R/o Akola,
Tq. & Dist. Akola.
8] 1) Lalitkumar Shantilal,
Adult, R/o Akola.
2) Mohd. Asif Gulam Ishiq,
Adult, R/o Tilak Road, Akola.
9] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.5292 OF 2007
Sawatram Ramprasad Mills,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Vijay Mohandas Takarani,
Aged about 40 years,
Occ: Business, R/o Savatram Mills Chawl,
Akola, Tq. & Dist. Akola.
2] Satramdas Arjundas Takarani,
S.R. Mills Chawl, Opp: Old Cotton Market,
Akola, Tq. & Dist. Akola.
3] Mohandas Arjundas Takarani,
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R/o S.R. Mills Chawl, Opp: Old Cotton
Market, Akola, Tq. & Dist. Akola.
4] Nandlal s/o Gyanchand Sawalani,
Adult, Occ: Business,
R/o Opp: Old Cotton Market,
Savatram Chawl, Akola,
Tq. & Dist. Akola.
5] Shri Mohd. Yunus s/o Mohd. Yusuf,
Aged about 56 years, Occ: Business,
R/o New Radio Center Shop No.9,
Tilak Road, Akola, Tq. & Dist. Akola.
6] Tekchand s/o Chelaram Lulla,
Aged about 44 years, Occ: Business,
R/o Sindhi Camp, Akola,
Tq. & Dist. Akola.
7] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.5293 OF 2007
Sawatram Ramprasad Mills,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Savatram Sons Pvt. Ltd.,
through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Compound,
Tilak Road, Akola.
2] Alokkumar Goenka,
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R/o S.R. Mills Compound,
Tilak Road, Akola,
Tq. & Dist. Akola.
3] Ratanlal Goenka & Company
through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Chawl, Akola,
Tq. & Dist. Akola.
4] Sawatram Krisha Karya (P.) Ltd.,
through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Compound,
Tilak Road, Akola, Tq. & Dist. Akola.
5] Savatram Dairy Products Ltd.,
through Alokkumar s/o Ratanlal
Goenka, R/o S.R. Mills Compound,
Tilak Road, Akola, Tq. & Dist. Akola.
6] (1) Amarnath s/o Ramadhar Tiwari,
Aged about 59 years, Occ: Service.
(2) Ravindranath s/o Ramadhar Tiwari,
Aged about 45 years, Occ: Service.
Both R/o S.R. Mills Chawl, Near Dagdi Pool,
Akola, Tq. & Dist. Akola.
7] Mehboob Khan Abdulla Khan,
Aged about 59 years, Occ: Service,
Near Dagdi Pool, Akola,
Tq. & Dist. Akola.
8] Ramdas Sadhuram Motwani,
Aged about 50 years, Occ: Business,
R/o Savatram Mill Chawl, Akola,
Tq. & Dist. Akola.
9] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
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Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
WITH
WRIT PETITION NO.5294 OF 2007
Sawatram Ramprasad Mills,
A Unit of National Textile Corporation
(M.N.) a subsidiary of NTC, Tilak Road,
Akola. ....... PETITIONER
...V E R S U S...
1] Surendra s/o Mohandas Takrani,
Aged about 35 years, Occ: Business,
Running business under name and style as
Shethi Vastra Bhandar, S.R. Mills Chawl,
Akola, Tq. & Dist. Akola.
2] Amrutlal Satramdas Takrani,
Aged about 49 years, Occ: Business,
Running business under the name and
style as New Cloth Stores, S.R. Mills
Chawl, Akola, Tq. & Dist. Akola.
3] Girdhar Pritamdas Jethani,
Aged adult, Occ: Business,
R/o S.R. Mills Chawl,
Near Dagadipul, Akola,
Tq. & Dist. Akola.
Respondent No.4
is deleted as per
4] Ramchandra Arjundas Takrani,
Court's order Aged about 55 years, Occ: Business,
dtd. 14.12.09 A-1 Janta Cloth Stores, S.R. Mills
Chawl, Akola, Tq. & Dist. Akola.
5] Babuji Boot House,
A Proprietorship concern
through it's Prop. Tirathdas s/o Vedomal
Rajdeo through its Mukhtyar
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Mohandas Tirathdas Rajdeo,
Adult, Occ: Business, R/o Tilak Road,
Akola, Tq. & Dist. Akola.
6] M/s Ravindra Trading Company,
through its Partner,
Pesuram s/o Lakhumal Wadhawani,
Running business of Cloth Stores,
Savatram Mills Chawl, Akola,
Tq. & Dist. Akola.
7] Surendra s/o Mohanlal Takrani,
Aged about 40 years, Occ: Business,
Running business under name and style
As Bharti Cloth Stores, S.R. Mills Chawl,
Akola, Tq. & Dist. Akola.
8] The Estate Officer, NTC, (M.N.),
NTC House, 15 N.M. Marg,
Ballard Estate, Mumbai - 400 001. ....... RESPONDENTS
-------------------------------------------------------------------------------------------
Shri S.C. Mehadia, Advocate for Petitioner.
None for Respondents.
-------------------------------------------------------------------------------------------
CORAM: ROHIT B. DEO, J.
DATE: th
4 OCTOBER, 2018.
ORAL JUDGMENT
1] These petitions challenge the common judgment and order dated 03.10.2006 rendered by the Additional District Judge, Akola, by and under which, bunch of appeals preferred under section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 ('Act' for short) came to be decided. ::: Uploaded on - 05/10/2018 ::: Downloaded on - 06/10/2018 01:36:30 ::: wp3890.07+J.odt 16 2] The learned Appellate Court framed the following issues:
(1) Whether the order passed by the Estate Officer is without territorial jurisdiction ? (2) Whether the respondent no. 1 has proved that the appellants are unauthorized occupants ? (3) Whether it is necessary to remand the matter ? (4) What order ?
3] The order of eviction passed by the Estate Officer is held to be without territorial jurisdiction, relying on the decision of this Court in Radhesham Laxminarayan Goenka v. Savatram Rampratap Mills, Akola reported in 2004(2) Mh.L.J. 327. Shri Mehadia, the learned Counsel for the petitioner states that the said decision is confirmed by the Division Bench which dismissed Letters Patent Appeal 46/2004 decided on 16.01.2007. Shri Mehadia further states that the instructing counsel has informed that the Special Leave Petition preferred against the said judgment is dismissed by the Apex Court.
4] Since the view taken by the Appellate Court that the Estate Officer did not have the territorial jurisdiction to decide the ::: Uploaded on - 05/10/2018 ::: Downloaded on - 06/10/2018 01:36:30 ::: wp3890.07+J.odt 17 application seeking eviction has assumed finality, the order impugned needs no interference to the extent issue (1) is answered against the petitioner. However, since the order of the Estate Officer is held to be without jurisdiction, the findings recorded by the Appellate Court as regards issue (2) would not bind the petitioner. The matter is already remanded to the Estate Officer who is to hear and decide the same at Akola. It is made clear that the Estate Officer shall hear and decide all the matters at Akola, within twelve months, on merits and in accordance with law and uninfluenced by any observation made by the Appellate Court in the order impugned, particularly the observations touching issue (2).
5] The petitions are disposed of in the afore-stated terms.
JUDGE NSN ::: Uploaded on - 05/10/2018 ::: Downloaded on - 06/10/2018 01:36:30 :::