IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.731 OF 2008 PETITION NO.731 OF 2008 PETITION NO.731 OF 2008 Nusli Neville Wadia ... Petitioner Vs. New India Assurance Co. Ltd. ... Respondents & Another. Mr. R.A. Dada, Sr. Advocate with Mr. P. Ghardy i/by M/s Crawford Bayley & Co. for Petitioner. Ms. V.Y. Sanglikar for Respondent no.1 CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & A.P. A.P. A.P. DESHPANDE, JJ. DESHPANDE, JJ. DESHPANDE, JJ. DATE DATE DATE : 4TH APRIL, 2008 : 4TH APRIL, 2008 : 4TH APRIL, 2008 P.C. P.C. P.C. :- :- :- 1) The grievance of the Petitioner is that the matter should have been heard by Deputy Manager in terms of the provisions of Section 3 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, but the matter is being heard by the Manager. On earlier occasion also the Petitioner approached this Court and the matter was remanded back to the Estate Officer to decide this objection as well. Now he has decided the objection holding that he could hear the matter. 2) We feel that at every stage, the intervention of this Court during the proceeding 2 would delay the final disposal of the case and in the present case, we understand that there are directions of Hon’ble Supreme Court also to decide the matter within a specified period of time. Therefore, we do not entertain this petition. However, it is left open to the Petitioner to take objections against the impugned order, if he ultimately fails before the Estate officer. He shall be at liberty to challenge the final order of the Estate officer on the grounds that may be available to him including the ground that he was not empowered to decide the issue as he was a Manager and not a Deputy Manager. 3) All contention of the Petitioner are kept open and we have not gone into the merits of the petition at any stage of the hearing. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) ( A.P. DESHPANDE, J.) A.P. DESHPANDE, J.) A.P. DESHPANDE, J.)