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1970 Supreme(Bom) 108

J.R.VIMULDALAL
MANGANLAL RADIA – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT-The petitioner, who is the sole proprietor of Radias Flotilla Club situated on the Chowpatty Foreshore at Marine Drive in Bombay, has presented this petition under Article 226 of the Constitution for a writ of certiorari to quash and set aside the orders and for decisions contained in the letters dated February 12, 1968, February 23, 1968 and July 16, 1968 whereby he has been called upon to vacate the land on which the said club stands and to remove all structures standing thereon, as well as for a writ of mandamus directing the respondents to forbear from enforcing section 53 of the Maharashtra Land Revenue Code, 1966, and to withdraw and/or cancel the said impugned orders and for decisions. Though the petitioner has not used the word "licence" in the petition, it is amply clear from the averments that are to be found in paras. 4, 5 and 6 of the petition that his occupation of the land in question was permissive as for as the Collector of Bombay was concerned and constituted merely a licence to use the same. This legal character of the petitioner emerges not merely from the averments in the petition, but is stated in unequivocal terms in the correspondence relating to the







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