D G M AND A OPERATED S A B ENGLISH MEDIUM SCHOOL vs SHIVAJI LAXMAN BHAMARE

Judgment text excerpt

911-WP-16995-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16995 OF 2025 D. G. M. & A Operated S. A. B. English Medium School through Principal Ashwini Harish Suryawanshi …Petitioner Versus Shivaji Laxman Bhamare …Respondent Mr. Jayendra Khairnar a/w. Mr. Harsh Nishar a/w. Ms. Gauri Kulkarni and Ms. Aleema Bohra, for the Petitioner. Mr. Aditya S. Chandak, for the Respondent. CORAM: MADHAV J. JAMDAR, J. DATE OF PRONOUNCEMENT: 18th DECEMBER 2025 DATE OF UPLOADING: 20th DECEMBER 2025 JUDGMENT: 1. Heard Mr. Jayendra Khairnar, learned Counsel for the Petitioner and Mr. Chandak, learned Counsel appearing for the Respondent. 2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 25th August 2025 passed by the Additional Divisional Commissioner (Rent Act), Nashik Division, Nashik in Appeal/Revision No.275 of 2025 filed under Section 44 of the Maharashtra Rent Control Act, 1999 (“Rent Act”) as also to the Page 1 Sonali 911-WP-16995-2025.DOC order dated 23rd August 2024 passed by the Competent Authority, Rent Control Act Court, Nashik Division, Nashik in Application No.4 of 2023 filed under Section 24 of the Rent Act. 3. By the impugned order of the Competent Authority, the Petitioner has been directed to handover the vacant and peaceful possession of the subject premises and further has been directed to pay license fee at the double rate i.e. Rs.5,000/-x 2= Rs.10,000/- per month from 18th June 2020 till handing over the possession of the subject premises to the Respondent. The said order has been confirmed by the learned Additional Divisional Commissioner, Nashik Division, Nashik by the impugned order dated 25 th August 2025. 4. It is