bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6018 OF 2008 PETITION NO. 6018 OF 2008 PETITION NO. 6018 OF 2008 Smt.Sumitra Bharat Gada (Shah) ... Petitioner v/s 1. The Chairman/Secretary, The Ramprasad Co-op. Society Ltd. 2. The State of Maharashtra ... Respondents Mr.Anupam J. Dhalakia i/by Smt.Neela A. Dholakia for the petitioner. Mr.N.N.Bhadrashete for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 3RD OCTOBER, 2008 3RD OCTOBER, 2008 3RD OCTOBER, 2008 P.C. P.C. P.C.: 1. The orders challenged in this petition have been passed by the Co-operative Court and the Appellate Authority in Appeal No.67 of 2007. Both the Courts below have held that the petitioner is running a business in the premises on the ground floor, contrary to the terms under which the Society has been given the land. The Courts below have held that the petitioner is not entitled to have the main gate restored opposite the premises which are in his occupation. 2 2. In my opinion, there is no error committed by the Courts below requiring interference by this Court in its jurisdiction under Article 277 of the Constitution of India. 3. Apart from this, the claim of the petitioner that he and his vendor were entitled to carry on the business in the premises legally and validly appears to be incorrect. There is no material on record to establish this contention. Clause 6 of the terms and conditions, on which the land was allotted to the Society, stipulates that no part of the land should be used by the Society, directly or indirectly for commercial, business or professional purposes except as provided in the layout approved by the Additional Collector and the Municipal Corporation or with the written approval of the Government. Breach of the conditions entails eviction of the Society and resumption of the land by the Government. 4. In these circumstances, I do not see any reason to set aside the orders of the Courts below. 5. Petition rejected.