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2017 Supreme(Bom) 1997

S.S.SHINDE, MANGESH S.PATIL
Labhshetwar & Sakkarwar Constructions – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.P. Bhandari Advocate
For the Respondents:Mr. Ashutosh Kumbhkoni, learned Advocate General with Mr. A.B. Girase, Government Pleader and Mr. Akshay Shinde Advocate, Mr. A.P. Avhad, Advocate

JUDGMENT :

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Petition is filed with following prayers:

"(C) By a suitable writ, order or direction the Section 55 of the Maharashtra Rent Control Act, 1999 be struck down on the ground that, the same is beyond legislative competence of State Legislature.

(D) By a suitable writ, order or direction Section 55 of the Maharashtra Rent Control Act, 1999 be struck down on the ground that, the same is violative of fundamental right of the Petitioners guaranteed by Article 14, 19(1)(g) of the Constitution of India,

(E) By a suitable writ, order or direction the order dated 06.08.2015 passed by the learned XIIIth Judicial Magistrate, First Class, Aurangabad and entire proceedings in SCC No.3181 of 2015 be quashed."

3. The background facts for filing the present Petition as disclosed in the memo of the Petition, in brief, are as under:

(A). It is the case of the Petitioners that Petitioner No.1 is a partnership firm and Petitioner Nos.2 to 7 are the partners of said firm. The hotel premises constructed on Plot No.4, CTS No.18349/1/4, situated at Vedant Na



































































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