IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2719 OF 2010 Smt.Vimal Namdeo Gaikwad ...Petitioner Versus Cantonment Board, Deolali ...Respondent ...... Mr.Ashok B.Tajane for Petitioner. Mrs.Neeta Masurkar for Respondents. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 8, 2010. P.C. 1. Heard Counsel for the parties. 2. This Writ Petition takes exception to the decision of the District Judge, Nashik dated 24th September 2008 passed in Civil Misc.Appeal No. 75/2006, thereby dismissing the Appeal preferred by the Petitioner and confirming the order of eviction passed by the Estate Officer. 3. From the material on record, the undisputed facts are that the Petitioner claim to be service tenant of a Society which was the licensee inducted by the Respondent Authority in the suit property. It is common ground that the Society has already surrendered the tenancy in respect of the suit property. On account of that action of the Society, the Petitioner cannot remain in occupation of the suit property. The fact that the Society has not terminated the services of the Petitioner, does not take the matter any further. That relationship is between the Society, the original licensee and the Petitioner with which the Respondent Authority has no causal connection. There is no lease between the Respondent Authority and the Petitioner. 4. Taking any view of the matter, no fault can be found with the conclusion reached by the Estate Officer that the Petitioner is an unauthorised occupant in the suit property. That conclusion has been rightly upheld by the District Court. In the circumstances, this Petition should fail. The same is dismissed. 5. However, as the Petitioner claims to be the sole earning member of the family and is staying in the suit premises for sufficiently long time, at the request of the Petitioner, by way of indulgence, we would give Petitioner time to vacate until 30th June 2010. The Respondents shall not precipitate the matter until that date subject, however, to Petitioner filing usual undertaking in this Court within one week from today. If no such undertaking is filed, the Respondents would be free to proceed against the Petitioner in accordance with law. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)