Bombay High Court
Shri Gajanan Maharaj Sasnthan, Shegaon ... vs Shri Ganesh Rameshrao Deshmukh And ... on 4 September, 2018
Author: Rohit B. Deo
Bench: Rohit B. Deo
1 wp2063.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2063 OF 2017
1) Shri Gajanan Maharaj Sansthan,
Shegaon, a Registered Public Trust
bearing Registration No.A-250,
Buldhana, through its President
Ramesh Champalal Dangra,
Aged about 65 years, Resident of
Opp. Balaji Mandir, Shegaon,
Taluka Shegaon, District - Buldhana,
At/PO : Shegaon, District - Buldhana.
2)Shri Shiv Shankar s/o Sukhdev Patil,
Aged about 75 years,
Manager (Vyavasthapak) Shri Gajanan
Maharaj Sansthan, Resident of Gandhi
Chowk, Near Jain Mandir, Shegaon,
Taluka - Shegaon, District - Buldhana.
3) Shri Shankar s/o Laxman Lipte,
Aged about 65 years,
Diwanji of Shri Gajanan Maharaj
Sansthan Shegaon, Resident of
Deshmukhpura, Shegaon, Taluka-
Shegaon, District - Buldhana.
4) Shri Nilkant s/o Shiv Shankar Patil,
Aged about 46 years,
Director of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka - Shegaon,
District - Buldhana.
5) Shri Mahadeo Pundlik Patil,
Aged about 70 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
::: Uploaded on - 06/09/2018 ::: Downloaded on - 07/09/2018 01:13:33 :::
2 wp2063.17
6) Shri Chandulalji Kisanlalji Agrawal,
Aged about 74 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
7) Shri Kishor Trikamdas Tank,
Aged about 68 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
8) Shri Govind Sukhdeo Kalore,
Aged about 68 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
9) Shri Ashok Tryambakrao Deshmukh,
Aged about 65 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
10) Shri Narayanrao Yadavrao Patil,
Aged about 72 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
11) Shri Shrikant Shivshankar Patil,
Aged about 46 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
12) Shri Visheshwar Shaligram Trikal,
::: Uploaded on - 06/09/2018 ::: Downloaded on - 07/09/2018 01:13:33 :::
3 wp2063.17
Aged about 58 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana.
13) Shri Pankaj Gajanan Shitut,
Aged about 78 years,
Trustee of Shri Gajanan Maharaj
Sansthan, Shegaon, Resident of
Shegaon, Taluka-Shegaon,
District-Buldhana. .... PETITIONERS
VERSUS
1) Shri Ganesh Rameshrao Deshmukh,
Aged about 40 years, Occu. - Business,
Resident of Fule Nagar, Shegaon,
Taluka-Shegaon, District-Buldhana.
2) Shri Dyaneshwar Trimbak Sakhare,
Aged about 36 years, Occu. - Business,
Resident of Sai Nagar, Shegaon,
Taluka-Shegaon, District-Buldhana.
3) Sau. Rekha Pramodrao Deshmukh,
Aged about 48 years, Occu.-Business,
Resident of Deshmukh Pura, Shegaon,
Taluka-Shegaon, District-Buldhana.
4) Sau. Rekha Purshottam Karade,
Aged about 40 years, Occu. - Business,
Resident of Temple Area, Shegaon,
Taluka-Shegaon, District-Buldhana.
5) Shri Harish Shyamsundar Wadhokar,
Aged about 37 years, Occu. - Business,
Resident of Jagdamba Nagar, Shegaon,
Taluka-Shegaon, District-Buldhana.
6) Shri Amar Arunkumar Sharma,
Aged about 30 years, Occu. - Business,
Resident of Bhairav Chowk, Shegaon,
::: Uploaded on - 06/09/2018 ::: Downloaded on - 07/09/2018 01:13:33 :::
4 wp2063.17
Taluka-Shegaon, District-Buldhana.
7) Shri Nitina Gajanan Padmane,
Aged about 30 years, Occu. - Business,
Resident of Western Gate of Temple,
Shegaon, Taluka-Shegaon, District-
Buldhana.
8) Shri Gajanan Gaurishankar Bhartia,
Aged about 56 years, Occu. - Business,
Resident of Gandhi Chowk, Shegaon,
Taluka-Shegaon, District-Buldhana.
9) Shri Jagdish Bhumilal Bhartiya,
Aged about 62 years, Occu. - Business,
Resident of Gandhi Chowk, Shegaon,
Taluka-Shegaon, District-Buldhana.
10) Shri Rahul Ramkrushna Wadhokar,
Aged about 24 years, Occu. - Business,
Resident of Shegaon, Taluka-Shegaon,
District-Buldhana.
11) Sau. Vanmala Tulshiram Sonone,
Aged about 52 years, Occu. - Business,
Resident of State Bank Colony, Shegaon,
Taluka-Shegaon, District-Buldhana.
12) Sau. Vidya Vijay Bawaskar,
Aged about 55 years, Occu. - Business,
Resident of Kumbharwada, Shegaon,
Taluka-Shegaon, District-Buldhana. .... RESPONDENT
______________________________________________________________
Shri M.G. Bhangde, Senior Counsel assisted by Shri A.R. Patil, Counsel
for the petitioners,
Shri C.S. Kaptan, Senior Counsel assisted by Shri J.B. Gandhi, Counsel
for the respondents.
______________________________________________________________
CORAM : ROHIT B. DEO, J.
DATED : 4 th
SEPTEMBER, 2018
::: Uploaded on - 06/09/2018 ::: Downloaded on - 07/09/2018 01:13:33 :::
5 wp2063.17
ORAL JUDGMENT :
By the order impugned dated 06-12-2016 rendered by the learned Ad hoc District Judge-1, Khamgaon in Miscellaneous Civil Appeal 19/2016, allowed the appeal preferred by the original plaintiffs- respondents and injuncted the petitioner-Trust from taking forcible possession of the suit shops without following due process of law, till the final decision in Special Civil Suit 29/2012.
2. The learned Senior Counsel for the petitioners Shri M.G. Bhangde would submit that the petitioner-Trust has no demur with the injunction granted and, as a fact, has instituted proceedings for eviction under the provisions of the Maharashtra Rent Control Act, 1999 ("Act" for short). However, the submission of the learned Senior Counsel is that the observations of the appellate Court in paragraphs 12 and 13 of the judgment impugned are absolutely unnecessary and may prejudice the case of the Public Trust in proceedings under the Act.
3. The observations in paragraphs 12, which are being objected, read thus :
"12. From the material available on record and the facts which are not in dispute as referred to herein above, including the fact that the defendant Sansthan has instituted Civil Suits against the plaintiffs (appellants herein) in the Court of Civil Judge Judge, Jr.Dn., Shegaon, under Section 16(1),(c),(g) of the MRC Act, it would prima ::: Uploaded on - 06/09/2018 ::: Downloaded on - 07/09/2018 01:13:33 ::: 6 wp2063.17 facie appear that the suit shops were let to the plaintiffs/their predecessors for the purposes of business trade and the Sansthan seeks to recover possession of the suit shops on the ground of its bonafide requirement for occupation for the purposes of Sansthan/Trust. The defendant Sansthan does not appear to have been seeking recovery of possession of the suit shops under clause (k) of sub-section (1) of section 16 of the MRC Act, which reads thus :
"(k) that the premises are required for the immediate purpose of demolition ordered by any Municipal Authority or other competent authority : or:"
The observations in paragraph 13 which according to the learned Senior Counsel are unnecessary read thus :
"Section 16 of the MRC Act does not provide for any ground like the one to prevent stampede like situation."
4. The Civil Court before which the proceedings under the Act are pending, shall not be influenced, either way, by the observations reproduced supra.
5. The petition is disposed of accordingly.
6. Rule is made absolute in the afore stated terms.
JUDGE adgokar ::: Uploaded on - 06/09/2018 ::: Downloaded on - 07/09/2018 01:13:33 :::