IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITON NO. 39 OF 2005 CONTEMPT PETITON NO. 39 OF 2005 CONTEMPT PETITON NO. 39 OF 2005 IN IN IN WRIT PETITION NO. 1520 OF 1996 WRIT PETITION NO. 1520 OF 1996 WRIT PETITION NO. 1520 OF 1996 Smt. Shantben M.Shah & Anr. ... Petitoiners Smt. Shantben M.Shah & Anr. ... Petitoiners Smt. Shantben M.Shah & Anr. ... Petitoiners Versus Versus Versus The Secretary, Food and Civil The Secretary, Food and Civil The Secretary, Food and Civil Supplies Dept. & Ors. Respondents Supplies Dept. & Ors. Respondents Supplies Dept. & Ors. Respondents Mr. Sachin Shetye with Ms. Betty D’Souza or Mr. Sachin Shetye with Ms. Betty D’Souza or Mr. Sachin Shetye with Ms. Betty D’Souza or Petitioners. Petitioners. Petitioners. Mr. Rajhiv Mane, AGP, for Respondents 1 to 3. Mr. Rajhiv Mane, AGP, for Respondents 1 to 3. Mr. Rajhiv Mane, AGP, for Respondents 1 to 3. CORAM CORAM CORAM: S.K.SHAH,J. S.K.SHAH,J. S.K.SHAH,J. DATE DATE DATE : 15th July,2005. 15th July,2005. 15th July,2005. P.C. P.C. P.C. 1. None for Respondent No.4, though duly served. 1. None for Respondent No.4, though duly served. 1. None for Respondent No.4, though duly served. 2. The Respondents have filed an affidavit in which 2. The Respondents have filed an affidavit in which 2. The Respondents have filed an affidavit in which they have mentioned that the role of the Government they have mentioned that the role of the Government they have mentioned that the role of the Government was only to collect rent and disburse it to the was only to collect rent and disburse it to the was only to collect rent and disburse it to the landlord and, therefore, the matter should now be landlord and, therefore, the matter should now be landlord and, therefore, the matter should now be handled directly between the landlord and the tenant handled directly between the landlord and the tenant handled directly between the landlord and the tenant and the State Government will withdraw itself from and the State Government will withdraw itself from and the State Government will withdraw itself from this arrangement. this arrangement. this arrangement. 3. In view of the Judgment of the Supreme Court 3. In view of the Judgment of the Supreme Court 3. In view of the Judgment of the Supreme Court delivered in the case of Grahak Sanstha Manch & others delivered in the case of Grahak Sanstha Manch & others delivered in the case of Grahak Sanstha Manch & others vs. The State of Maharashtra, reported in 1995 (1) vs. The State of Maharashtra, reported in 1995 (1) vs. The State of Maharashtra, reported in 1995 (1) Bom.C.R.295 in case of requisitioned premises, it was Bom.C.R.295 in case of requisitioned premises, it was Bom.C.R.295 in case of requisitioned premises, it was directed by the Apex Court as under :- directed by the Apex Court as under :- directed by the Apex Court as under :- "....Having regard to the known difficulty "....Having regard to the known difficulty "....Having regard to the known difficulty of finding alternate accommodation in of finding alternate accommodation in of finding alternate accommodation in Bombay and other large cities in Bombay and other large cities in Bombay and other large cities in Maharashtra, the protection of these Maharashtra, the protection of these Maharashtra, the protection of these interim orders is hereby continued interim orders is hereby continued interim orders is hereby continued until 30-11-1994, on which date all until 30-11-1994, on which date all until 30-11-1994, on which date all occupants of premises the continued occupants of premises the continued occupants of premises the continued requisitiion of which has been quashed requisitiion of which has been quashed requisitiion of which has been quashed as aforesaid shall be bound to vacate as aforesaid shall be bound to vacate as aforesaid shall be bound to vacate and hand over vacant possession to the and hand over vacant possession to the and hand over vacant possession to the State Government so that the State State Government so that the State State Government so that the State Government may, on or before Government may, on or before Government may, on or before 31-12-1994, derequisitioon such 31-12-1994, derequisitioon such 31-12-1994, derequisitioon such premises and hand back vacant premises and hand back vacant premises and hand back vacant possession thereof to the landlords." possession thereof to the landlords." possession thereof to the landlords." 4. It is, therefore, for the Government to get the 4. It is, therefore, for the Government to get the 4. It is, therefore, for the Government to get the premises vacated by evicting Respondent No.4 herein and premises vacated by evicting Respondent No.4 herein and premises vacated by evicting Respondent No.4 herein and give vacant possession thereof to the give vacant possession thereof to the give vacant possession thereof to the petitioner-landlord as per the order passed by this petitioner-landlord as per the order passed by this petitioner-landlord as per the order passed by this Court on 3.3.2004 in the aforesaid Writ Petition. It Court on 3.3.2004 in the aforesaid Writ Petition. It Court on 3.3.2004 in the aforesaid Writ Petition. It is, therefore, directed that the Respondents Nos. 1 to is, therefore, directed that the Respondents Nos. 1 to is, therefore, directed that the Respondents Nos. 1 to 3 shall, within two weeks from today, get the premises 3 shall, within two weeks from today, get the premises 3 shall, within two weeks from today, get the premises vacated by the Respondent No.4 and hand over the vacant vacated by the Respondent No.4 and hand over the vacant vacated by the Respondent No.4 and hand over the vacant possession thereof to the Petitioners. possession thereof to the Petitioners. possession thereof to the Petitioners. With these directions, the Contempt Petition is With these directions, the Contempt Petition is With these directions, the Contempt Petition is disposed of. disposed of. disposed of. --- --- --- (S.K.SHAH,J.) (S.K.SHAH,J.) (S.K.SHAH,J.)