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2005 Supreme(Bom) 1314

R.M.S.KHANDEPARKAR, V.M.KANADE
Kaiki Rustomji Alpaiwalla – Appellant
Versus
State of Maharashtra – Respondent


V.M. KANADE, J. : - Both these Writ Petitions can be disposed of by common Judgment since common question of law is involved in both the petitions.

2. Brief facts relevant for the purpose of deciding the Writ petitions are as under:

Two flats owned by the petitioners were requisitioned by Order dated 14.6.1950 and they were allotted to respondent no.2 in both the petitions by order dated 1.12.1959. Pursuant to the said order of allotment, respondent no.2 in each Writ Petition continued to occupy the said flats. The Supreme Court in the case of Grahak Sanstha Manch and others Vs. State of Maharashtra reported in (1994)4 Supreme Court Cases 192, was pleased to direct the Government to de - requisition the premises and hand over possession to the owners. In view of the said judgment of the Supreme Court the petitioners filed aforesaid two Writ Petitions for quashing the order of requisition passed by the respondent and also sought direction that the possession of the flats be restored. During the pendency of petition, the State Government amended provisions of Rent Act and gave protection to all Government allottees by declaring them as deemed tenants under the Act. The validity



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