[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION LETTERS PATENT APPEAL NO.51 OF 2009 IN WRIT PETITION NO.1438 OF 2008 WITH CIVIL APPLICATION NO.271 OF 2008 IN L.P.A.NO.51 OF 2009 IN WRIT PETITION NO.1438 OF 2008 Shri.Ambernath Kalu Sonawane ..Appellant Vs. The State of Maharashtra and Anr. ..Respondents ... Mr.Mihir Desai for Appellant Ms.M.P.Thakur AGP for Respondent-State ... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : MARCH 6, 2009 DATE : MARCH 6, 2009 DATE : MARCH 6, 2009 P.C. P.C. P.C. 1. Heard the learned counsel for the parties. 2. The competent authority passed an order dated 17.10.2003 in Eviction Case directing the appellant to vacate the disputed premises. The appeal preferred by the appellant came to be partly allowed by the Appellate Court. Being aggrieved [-2-] thereby, the appellant preferred Writ Petition No.1438 of 2008 before the learned Single Judge. The learned Single Judge by order dated 16.4.2008, rejected the said petition summarily. Being aggrieved thereby, this Letters Patent Appeal has been preferred by the appellant. 3. Appellant was initially allotted space 4 feet x feet in the compound of Childrens’ Aid Society at Mahim, Mumbai. On 28.11.2000 the competent authority issued a show cause notice to the appellant and subsequently, by order dated 24.10.2003, he was called upon to vacate the premises. 4. There is no dispute that the premises were allotted to the appellant to facilitate him to run a STD booth as he is a physically handicapped person. The agreement was for a period of three years. In Writ Petition No.1509 of 1998, Division Bench of this Court by its order dated 6.8.1999 had directed the State Government to ensure that the premises of the Childrens’ aid society at Mahim-Matunga would be free for all tenants-occupants. In view of this order, the [-3-] competent authority had initiated eviction proceedings against the appellant. 5. Even assuming that the appellant has been allotted the telephone booth by any telephone company, he will have to locate the same at some alternate premises. The agreement was initially for a period of three years. The agreement was executed on 17.9.1992. Thereafter, the said agreement has not been extended, in such case, the appellant does not have any vested interest to remain in the Government premises forever. Thus, we seen no error or illegality in the order passed by the learned Single Judge. Hence, this Letters Patent Appeal is dismissed. Civil Application does not survive and is disposed of accordingly. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]