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2017 Supreme(Bom) 1904

SHALINI PHANSALKAR-JOSHI
Laxmi B. Metkari – Appellant
Versus
Executive Engineer, North Mumbai Division, Public Works Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Aseem Naphade i/b. Mr. Makrand P. Rege.
For the Respondents: Ms. Kavita N. Solunke, A.G.P.

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for both the parties.

2. By this Writ Petition filed under Article 227 of the Constitution of India, the Petitioner is challenging the judgment and order dated 14th September, 2017 passed by Principal Judge, City Civil Court, Mumbai in Misc. Appeal No.74 of 2017 filed under Section 7 of Bombay Government Premises (Eviction) Act, 1955 and the order dated 9th October, 2017 passed in Review Petition No.23 of 2017.

3. By the first order, learned Appellate Court has confirmed the order of eviction passed by the Competent Authority and by the second order, it has dismissed the Review Petition filed by the Petitioner.

4. It is not in dispute that the inquiry premises which is a commercial premises situated at Mudran Kamgar Nagar, J.P. Road, Andheri (West), Mumbai, where the Petitioner is running the flour mill business, were given to her under a lease-deed dated 13th June, 1981. The said lease-deed was renewed from time to time until 28th September, 2004, on which date the lease had expired. Thereafter, the Petitioner had made several requests to the Government for renewal of the lease. The said


































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