SSK/944 1 WP/6466.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6466 OF 2011 Shyamkumar Gangalahari Gupta ....Petitioner Versus The Divisional Contoller, Maharashtra State Road Transport Corporation & Anr. ...Respondents Mr. V. S. Talkute i/b. Mr. Ameet A Palkar, Advocate for the petitioner. Mr. G. S. Hegde & Associates for respondent no.1. CORAM : RANJIT MORE, J. DATED : 30th August, 2011. P.C.: Heard Mr. Talkute and Mr.Hegde, learned counsel appearing for the respective parties. 2. The petition arises out of eviction proceedings under the provisions of the Bombay Government Premises (Eviction) Act, 1955. Admittedly, the premises in question belongs to the respondents and same were given to the petitioner on license basis. This license came to be expired on 30th September, 2007. The petitioner’s possession after the date of expiry of license, therefore, becomes unauthorized. Be that as it may, respondents, two months prior to the date of expiry of the license invited tenders for letting out the premises in question. The petitioner submitted SSK/944 2 WP/6466.11 the tender. However, his tender was not accepted as there was a bid for higher amount than the one submitted by him. 3. Mr. Talkute, learned counsel submits that the highest bidder has not deposited the amount, and therefore, the petitioner being the second highest bidder is entitled to have a fresh license in respect of the premises in question from the respondents. This submission cannot be examined in the present proceedings which arises under the provisions of the Bombay Government Premises(Eviction) Act, 1955. Undoubtedly, the petitioner has become unauthorized occupant, in view of the expiry of his license way back on 30th September, 2007. The lower courts have approached the matter from correct point of view. In the above facts and circumstances, I do not find any reason to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. (RANJIT MORE, J.)