hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL SIDE WRIT PETITION NO. 1132 OF 2009 Tara Abdulla Topiwala ... Petitioner Versus The State of Maharashtra and Anr. ... Respondents Ms. Usha Rai i/by Mayur Narendra & Co. for Petitioner. Mr. Shekar Ingawale, A.G.P. For R. Nos. 1 and 2. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : FEBRUARY 18, 2010 P.C. After perusing the original records, we find that there is an order of derequisition dated 10.10.1958. On behalf of the Petitioner, the learned counsel sought to contend that consent was not given by the original landlord. We have perused the entire record. We find after July, 1958 there is further correspondence and in fact by letter dated 31.4.1960 a request was made for enhancement in the rent to which reply was sent on 19.4.1960 setting out that the standard rent should be paid. There is further correspondence. Petitioners were receiving rent at the rate of Rs.15.70 in terms of the letter dated 1.4.1960. In the light of that in our opinion, the relief prayed for cannot be granted. It will be open to the Petitioner to take such steps to which they are entitled to in law. We may also note that in the affidavit filed by Mr. Surendrakumar Jaiswal, Assistant Commissioner of Police. It is set out that the premises is not in habitable condition and as such police constable Suryawanshi could not take possession of the same. With the above observations, Petition disposed of. (J.H. BHATIA,J.) (F.I. REBELLO,J.)