IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Letters Patent Appeal [LPA] No. 245 of 2011 in Writ Petition No. 4403 of 2010 (D) (Ambadas Bhikaji Dhahake Vs. The Additional Collector, Amravati and others) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Shri Y. P. Kaslikar, Counsel for the appellant CORAM : SMT. VASANTI A. NAIK, PRASSANNA B. VARALE, JJ. DATE : 13th JUNE, 2011. Heard. The appellant had filed a writ petition challenging the order passed by the Rent Control appellate authority upholding the permission granted by the Rent Controller to the respondents/landlords under clause 13[3][vi]of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949. It was the case of the appellant, in Writ Petition No. 4403/2010 that the appellate authority had failed to consider the subsequent events on record, which clearly showed that a new construction had been effected by the landlords and several other tenants had vacated the premises. It is the case of the appellant that in view of the subsequent developments, it was clear that the need of the landlords did not exist when the appellate authority decided the appeal filed by the appellant. 2 The submission made on behalf of the appellant is not well founded. In the facts of the case, the appellate authority has rightly not considered the subsequent development as the appellant, who was the original defendant, had failed to amend the written statement thereby bringing the subsequent events on record. Neither the appellant had filed any application for amending the written statement nor had he filed any application for bringing the subsequent events on record. In this background, the learned Single Judge held that the appellate authority could not have been expected to apply his mind to the subsequent events, which were not brought on record. Since there is no infirmity in the orders passed by the Rent Control Authorities, the Letters Patent Appeal is dismissed with no order as to costs. JUDGE JUDGE *sdw