ssm sm sm 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. 3206 OF 2008 PETITION NO. 3206 OF 2008 PETITION NO. 3206 OF 2008 Mr.Rajesh Shankar Punaskar ...Petitioner. Vs. The State of Maharashtra, Through the Collector, Ratnagiri & Ors. ...Respondents. Ms.Anita Castelino i/by Mr.S.M.Kazi for the Petitioner. Mr.R.M.Patne, AGP for Respondent Nos. 1 and 2. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 9th July, 2008 : 9th July, 2008 : 9th July, 2008. P.C. P.C. P.C. . Heard Ms. Castelino, the learned counsel appearing for the Petitioner and Mr. Patne, AGP, appearing for Respondent Nos. 1 and 2. 2. The Petitioner by the present Writ Petition, challenges the notice issued by Respondent No.2 on 04/04/2008 under Section 41(1) (a) (i), (iii) (b) and (c) of the Bombay Government Premises (Eviction) Act-1955. The challenge to the notice is on the ground that the above said Act is already repealed. By the impugned notice the Petitioner is directed to remove the encroachment within a period of 10 days and ( 2 ) in case of failure the possession of the premisses will be taken. The petitioner has replied this notice and pointed out to Respondent No.2 that the above said Act is already repealed and therefore, notice is illegal and bad in law. Admittedly, thereafter, no action is taken by Respondent No.2. In that view of the matter, in my opinion, the petition can conveniently be disposed of by giving liberty to the Petitioner to challenge the actions of the Respondent No.2 which may be taken in pursuance of the above notice, in appropriate court and meanwhile directing the parties to maintain the status-quo. I accordingly, pass the following order. O R D E R R D E R R D E R 1. In the event, the Respondent No.2, comes to the conclusion after considering the petitioners reply that petitioner required to be evicted from the premises, mentioned in the above notice dated 04/04/2008, he shall pass written order to that effect and copy of the same shall be given to the ( 3 ) Petitioner. 2. The Petitioner is at liberty to challenge the eviction order that may be passed by Respondent No.2 in pursuant to the impugned notice before appropriate forum. 3. Respondent No.2 before passing any written order, shall give opportunity of personal hearing to the Petitioner. 4. If the order that may be passed by the Respondent is adverse to the interest of the Petitioner, leave shall not be implemented for the period of two weeks from the date of receipt of the same by the Petitioner. ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)