1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3970 OF 2007 (Iqbalsingh s/o Premsingh Dadiyala vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 12, 2008 Heard Shri Gaikwad, learned Counsel for the petitioner, Shri Sonak, learned Assistant Government Pleader for the respondent nos. 1 to 3, and Shri Bhangde, learned Counsel for the respondent no.4. In the present petition, the petitioner is seeking direction to respondent no.3 to dispose of the application filed by him under Section 23(A)(iii) of the Maharashtra Rent Control Act, 1999. Shri Gaikwad, learned Counsel for 2 the petitioner, states that under Section 43(4)(c) of the Maharashtra Rent Control Act, 1999 after leave is granted to contest the application, the competent Authority is required to commence hearing on such application as early as possible and is required to proceed with hearing on day to day basis and is also expected to decide the same within six months from the date of order granting such leave to contest the application. It is submitted that in the instant case, leave was granted on 12.5.2003 and petitioner has also filed affidavit before the competent Authority on 22.6.2006. However, till this date the matter has not been disposed of by the competent Authority and, therefore, the competent Authority may be directed to dispose of the said application on merits within a stipulated period. Shri Sonak, learned Assistant Government Pleader for the respondent nos. 1 to 3, has not disputed the factual aspect of the matter. However, he submits that Special Land Acquisition Officer is given additional charge of deciding the matters under the Maharashtra Rent 3 Control Act and, therefore, because of pressure of the work, application of the petitioner could not be disposed of finally. Be that as it may, when the provisions of the said Act require competent Authority to dispose of the application within six months after leave is granted, in that case, the competent Authority is expected to complete hearing on such application within six months. In the instant case, in view of above referred facts, application of petitioner is pending for number of years and, therefore, we direct the respondent no.3 to complete hearing on the application by recording evidence, etc. and dispose of the same according to law and procedure applicable in this regard within a period of three months from today. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj