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2021 Supreme(Bom) 1669

G.S.PATEL, MADHAV J.JAMDAR
Shweta Shetty – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Pradeep Thorat, Manoj Agiwal.
For the Respondents: Dr. Sujay Kantawala, Aditya Iyer, Ms. Aishwarya Kantawala, Kedar Dighe.

JUDGMENT :

G.S. Patel, J. –

1. We have taken up the Writ Petition itself. All Counsel are agreeable that the matter be taken up for final disposal at the stage of admission. We have heard both sides.

2. The Writ Petition challenges an order dated 27th November, 2020 passed by the Welfare Tribunal and Deputy Collector (G. A.) Mumbai City on a complaint made to that Tribunal by the 2nd respondent (“Mr. M. R. Shetty” or “Mr. Shetty’). He is the father of four daughters, the petitioner and respondents Nos. 3, 4 and 5. A copy of the complaint is annexed. In this, Mr. Shetty says that he does not want his daughter, the petitioner, Shweta to remain, occupy or reside in Flat No. 2A, Giriraj CHSL, 11 Altamont Road, Mumbai 400 026.

3. Before us, there is no controversy about two aspects of the matter. There is no doubt that Mr. Shetty is the sole and absolute owner of this flat. There is also no doubt that Shweta has no right of any kind in that flat. Mr. Thorat for Shweta fairly accepts and concedes this position. He accepts that Shweta has not canvassed any independent right to the flat at all.

4. The complaint of Mr. Shetty, who is today about 94 years old, is that although he is a widowe

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