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january 2010

Supreme Court of India · 2010-01-15

State Of Maharashtra & Ors vs M/S. Narmada Estates Pvt. Ltd. & Ors

Citation / case number
AIRONLINE 2010 SC 64
Court
Supreme Court of India
Petitioner
State Of Maharashtra & Ors
Respondent
M/S. Narmada Estates Pvt. Ltd. & Ors
Bench
Surinder Singh Nijjar, R V Raveendran

Judgment text excerpt

The Supreme Court held that the Bombay High Court's order directing the State Government to derequisition property Nos. 1300-1303 was improper, as the first respondent's pending civil suit for possession under Section 27 of the Maharashtra Rent Control Act, 1999, rendered the writ petition for possession non-maintainable. The Court emphasized that the State Government was deemed a tenant under the Rent Control Act, and without a prayer for derequisition in the writ petition, the High Court lacked jurisdiction to issue such directions. Consequently, the appeal was allowed, setting aside the High Court's order.

State Of Maharashtra & Ors vs M/S. Narmada Estates Pvt. Ltd. & Ors · Niyam