1 K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1458 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Bhushan Ashok Walimbe for Petitioners. Mr. M.U.Pandey and Mr.R.M.Pandeu for respondent nos.3 to 6. CORAM : K.K.TATED,J. DATE : 28/03/2011. PC: 1 Heard the learned counsel for parties. 2 By this petition under section 227 of the Constitution of India, the Petitioner is challenging the eviction order passed by respondent no.1 dated 15th February, 2011 directing Petitioner nos. 1 and 2 to vacate the suit premises and hand over vacant and peaceful possession to the respondent no.2-society. The said eviction order was passed by respondent no.1 on the basis of 2 the order dated 2nd February, 2011 passed by the Administrator and Divisional Commissioner, Konkan Division, Mumbai in Petitioners Appeal/Desk/Slum- 1273 and 1280/10. 3 It is to be noted that in the present petition, the Petitioner challenges the eviction notice issued by respondent no.1 and not the order passed by the Administrator and Divisional Commissioner dated 2nd February, 2011 in Appeal. Advocate for Petitioners submits that on the date of filing of the present petition, the said order dated 2nd February, 2011 was not available. 4 After going through the entire writ petition it is crystal clear that by this petition, petitioner is challenging only eviction notice dated 15th February, 2011. 5 On the other hand, learned counsel appearing on behalf of respondent no.3 to 3 6 submits that they filed their affidavit in reply on 8th March, 2011 and to the reply they annexed the copy of order dated 2nd February, 2011 being Exhibit 1. Though the said reply duly served on petitioner in advance, Petitioner failed and neglected to take proper steps either to challenge the said order dated 2nd February, 2011 and/or to amend the present petition. 6 The learned counsel appearing on behalf of respondent nos. 3 to 6 further submits that as per annexure II, petitioner no.1 i.e. deceased Kamlakar Shanker Ramjathanpande and petitioner no.2 are entitled to alternate accommodation. The copy of annexure II, annexed to affidavit in reply on page 104 as Exhibit 8, the relevant portion is on page 114. 7 The present petition is filed by legal heirs of Kamlakar Shanker Ramjathpande. The learned counsel appearing on behalf of respondent nos. 3 to 6 objects to his 4 legal heir-ship. In respect of petitioner no.3 there is no eviction order/letter issued by respondent no.1. 8 As the Petitioner challenges the eviction order dated 15th February, 2011 which is based on order dated 2nd February, 2011 passed by Divisional Commissioner in Appeal which is in form as on today. I do not find any substance in the present writ petition and the same is dismissed. 9 Interim relief granted to the petitioner stands vacated. 10 The learned counsel appearing on behalf of petitioner seeks two weeks time to vacate the suit premises. It is made clear that if Petitioners files undertaking of all the adult family members who are residing with them in the suit premises on or before Wednesday i.e. 30th March,2011 and furnish copy thereof to the other side, 5 the Petitioners shall not be evicted for one week from today. (K.K.TATED,J.)