1 (WP5239.11) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5239 OF 2011 The State of Maharashtra and others .... Petitioners. V/s Shri Raosaheb Mohanlal Chimanlala & Others ..... Respondents. Mr. V.S. Gokhale, AGP for the Petitioners - State. Mr. R.S. Datar for Respondent No.1. CORAM: V. M. KANADE, J. DATE : 10th August, 2011 P.C.:- 1. Heard the learned AGP appearing on behalf of the Petitioners - State and the learned Counsel appearing on behalf of Respondent No.1. 2. Respondent No.1 is a Charitable Trust which is registered under the provisions of Bombay Public Trusts Act. Petitioners are State of Maharashtra. Petitioners are occupying the suit premises as tenants. The suit was filed by the Respondents/Landlords for eviction of the Petitioners herein from the suit premises on the ground that there was 2 (WP5239.11) bonafide requirement for the purpose of starting Center for education for empowerment of women. Trial Court decreed the suit and the lower Appellate Court confirmed the said order. 3. The learned AGP appearing on behalf of the Petitioners has invited my attention to the impugned orders passed by both the courts below and submitted that the Respondents have clearly stated in the plaint that they required the premises for the purpose of running a Center for empowerment of women and no other evidence has been brought on record. It is also submitted that the Petitioners have training Center for home guards. 4. On the other other hand, the learned Counsel appearing on behalf of Respondent No.1 submitted that the State of Maharashtra has already acquired land for the purpose of opening Center for Home guards and the construction has already started on the said land. Respondent No.1 has annexed 7 x 12 extract indicating that the said land being Survey No.90, Plot No.2 situated at Yerawada, Pune stands in the name of State of Maharashtra & District Commandant Home guard. Respondent No.1 has also annexed photographs of the building constructed for the home guards. In view of this, it is not possible to interfere with the order passed by both the courts below. 5. Writ Petition is dismissed. 3 (WP5239.11) 6. Six months’ time is given to the Petitioners to hand over quiet and vacant possession of the premises to the Respondents, subject to undertaking to be filed that the Petitioners will not create any third party rights or handover possession of the suit premises to any third party. The undertaking to be filed by the Collector, Pune within four weeks. If the undertaking is not filed within four weeks, Respondents may execute the decree. (V.M. KANADE, J.)