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2008 Supreme(Bom) 1009

NARESH H.PATIL
Suhash S/o. Vishwanath Kolapkar – Appellant
Versus
The Assistant Collector – Respondent


Advocates:
Advocate Appeared
Shri. S.D. Kulkarni, Advocate for the petitioner.
Smt. R.D. Reddy, Assistant Government Pleader, for respondent No.1.
Smt. Sadhana S. Jadhav, Advocate for respondent No.2.

ORAL JUDGMENT:

1) Heard learned counsel for the petitioners and the respondents.

2) As common question of law is raised in these two writ petitions they are being decided by this common judgment.

3) Rule returnable forthwith. The counsel appearing for the respondents waive service of rule. By consent, the matters are taken up for final hearing.

4) The petitioners challenge the orders dated 18-12-2007 passed by the competent authority - the Resident Deputy Collector Ahmednagar in Eviction Case No.1/2007 and Eviction Case No.2/2007 and the judgments and orders dated 11-4-2008 passed by the Ad-hoc District Judge-1, Ahmednagar in Regular Civil Appeal Nos.1 of 2008 and Regular Civil Appeal No.2 of 2008.

5) The petitioners claim to be lessee of the premises owned by the Municipal Council Rahuri. The petitioners were given premises / shops on rent. The Municipal Council Rahuri issued notice to the petitioners calling upon them to vacate the subject premises. In the earlier round of litigation in an order dated 10th August 2007 passed in Writ Petition No.4343 of 2007 this Court (Coram: R.M. Savant, J.) recorded a statement made on behalf of the M

































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