1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4671 OF 2009 Mrs. Panbai Premji Dedhia & Anr. ... ...Petitioners. Versus Union of India & Anr. ... ...Respondents. -: ALONG WITH :- WRIT PETITION NO. 4672 OF 2009 Mrs. Panbai Premji Dedhia & Anr. ... ...Petitioners. Versus Union of India & Anr. ... ...Respondents. Mr. V. H. Kantharia i/by Mr. J. B. Mishra for the Petitioners in both the Writ Petitions. None for the Respondents. CORAM: J. N. PATEL and SMT. MRIDULA BHATKAR, JJ. DATE : 7TH MAY, 2009. P. C. : In these two petitions, the petitioner is impugning the order passed by the Estate Officer which has been confirmed in appeal. The case of the petitioner is that she is a widow and that the shops being Shop Nos. SM-06 and SS-07 at Navy Nagar Coloba were allotted in the year 1986 to the husband of the petitioner on leave and licence basis. On the death of her husband, she has sought re-allotment of the said Shop Nos. SM-06 and SS-07 in favour of her alleged son Naresh 2 Premji Dedhia. 2. On the Naval Authority coming to know of the death of the original allottee, the matter was referred to the Estate Officer, who issued a show cause notice to the petitioner and found that the petitioner is in illegal and unauthorised occupation of the said premises and directed her to vacate the said premises. The said order has been upheld by the learned Principal Judge of the City Civil Court, who is an appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. 3. Learned Counsel appearing for the petitioner in the second petition fairly concedes that so far as Mr. Naresh Premji Dedhia is concerned, his adoption is a matter of dispute and he does not want to contest the same. We find that very application made by the petitioner for re-allotment of Shop Nos. SM-06 and SS- 07 to the Commanding Officer, INS Angre, was for the benefit of the said adopted son. Nothing is placed on record to show that the petitioner was in lawful occupation of the premises and therefore, we do not find that the Estate Officer as well as the Appellate Authority has committed any illegality in dismissing her claim and ordering her eviction. 4. In the circumstances, both the writ petitions stand dismissed with no order as to costs. Sd/- (J. N. PATEL, J.) Sd/- 3 (SMT. MRIDULA BHATKAR, J)