Bhaskar Jagannath Gadekar vs The Deputy Collector Alias Rent … on 30 March, 2026

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    Bombay High Court

    Bhaskar Jagannath Gadekar vs The Deputy Collector Alias Rent … on 30 March, 2026

    2026:BHC-AUG:13547
    
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                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD
    
                                      WRIT PETITION NO.11469 OF 2024
                               Shri Bhaskar Jagannath Gadekar
                               Age: 46 years, Occupation: Business and Agri
                               Resident of: Plot No.13, 14
                               Sector N-1, Cidco, Aurangabad,
                               District Aurangabad.
                                                                       .....PETITIONER
                                                                       (Org. Applicant)
                               VERSUS
    
                         1.    The Deputy Collector @ Rent Controller,
                               Aurangabad, District Aurangabad.
    
                         2.    The Circle Officer,
                               Aurangabad, District Aurangabad.
    
                         3.    Smt. Kanta Sadashiv Dahat
                               Through her Power of Attorney Holder,
                               Smt. Rachana Madrewal
                               Resident of: "Antardvip" Plot No.2-3,
                               Ranjanwan Housing Society, N-9, M-2 Road,
                               Cidco, Aurangabad, District Aurangabad.
    
                         4.    M/s Ellora Steels Private Ltd.
                               Through its Liquidator
                               Having Office at 5th floor,
                               Bank of India Building,
                               High Court Premises, Fort,
                               Mumbai-32.
                                                                     .....RESPONDENTS
                                                         (Nos.2 and 3 Org. Respondents)
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    ______________________________________________________
    
    Mr. Mukul S. Kulkarni, Advocate for the petitioner
    Mrs. B. B. Gunjal, AGP for respondent-State
    Mr. Mahesh R. Sonawane, Advocate for the respondent no.3
    ______________________________________________________
    
    
                    CORAM         : AJIT B. KADETHANKAR, J.
                    DATED         : 30TH MARCH, 2026
    
    
    
    JUDGMENT :

    Rule. Rule made returnable forthwith. Pleadings

    SPONSORED

    are complete by the contesting parties. At the instance of

    parties, the Writ Petition is heard for final disposal.

    1. Introduction:

    The case is about execution of an eviction decree

    ordered in 2011 arising out of eviction proceeding of 1992.

    Execution remained pending for decades on account of failure

    of the executives and at the instance of a stranger to the

    litigation. The Petitioner who purports himself to have been

    orally assured by the tenant that the tenant shall sell out the

    ‘subject-matter tenanted property’ to the petitioner, challenges

    the execution of possession warrant under eviction decree

    ordered against the tenant.

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    2. Subject-matter:

    ‘Subject-matter property’ is a leasehold property

    owned by the City and Industrial Development Corporation

    Ltd. (‘C.I.D.C.O.’ for brevity). Lessee rented out it to the

    Respondent No. 4, a company. An eviction proceeding was

    filed by the Lessee against the tenant company in 1992 which

    reached upto this Court. In 2011, this Court ordered eviction

    of the Tenant within a stipulated time. An execution

    proceeding was undertaken by the Lessee before the Rent

    Control Officer. In 2015, Execution was ordered by the Rent

    Control Officer after giving notice to all the concerned.

    Possession warrant was issued in 2023. The Petitioner, a

    stranger lodged objection that a word was given by the Tenant

    to him that the tenant shall sell out the ‘subject-matter

    property’ to him. Contending to have entered into possession

    of the ‘subject-matter property’ on the basis of the word, the

    Petitioner instituted atleast 06 proceedings including three

    Writ Petitions to cancel the possession warrant. Under the

    orders of this Court, the Rent Control Officer heard the

    Petitioner and rejected his objection. Hence the Petitioner has

    lodged present Writ Petition.

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    3. Facts of the case:

    i. The subject matter property was leased out by the

    C.I.D.C.O. to one M. N. Wankhede on 07-12-1973. By

    obtaining permission from the C.I.D.C.O., the Lessee

    constructed a residential house thereon. Consequent to the

    death of the Lessee in 1978, his daughter namely Kanta

    Sadashiv Dahat placed her feet into the shoes of the Lessee by

    approval of the C.I.D.C.O.

    ii. The subject matter property was tenanted by the

    Lessee to the respondent no.4- Ms. Ellora Steels Pvt. Ltd. The

    tenant company defaulted the rent. On 06.10.1992, the Lessee

    filed a proceedings against the tenant/respondent no.4 for

    eviction under Section 12(2) (1), 15(b)(iii), 19(3) of the

    Hyderabad Rent Control Act. The said proceedings was

    dismissed vide order dated 29.12.1994.

    iii. A Rent Appeal bearing no.4 of 1995 filed by the

    Lessee/respondent no.3 was dismissed by the District Court,

    Aurangabad on 07.12.1999. The Lessee filed Civil Revision

    Application No.781 of 2000 in this Court against dismissal of

    his Eviction Proceedings.

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    iv. Vide its judgment and order dated 09.12.2011,

    this Court allowed the Civil Revision Application and directed

    the tenant/respondent no.4 to hand over possession of the

    ‘subject-matter property’ to the Lessee therein on or before

    31.03.2012.

    v. The respondent no.4- tenant sought review of the

    order passed in the Civil Revision Application No.781/2000.

    Vide order dated 14.09.2012 passed in Civil Application

    No.143 of 2012, the Review Application came to be dismissed.

    vi. Failure on the part of the Respondent No. 4 to

    evict the ‘subject-matter property’ in terms of the directions

    passed by this Court, constrained the Lessee- Respondent No.3

    to file Execution Proceedings before the Rent Control Officer

    (‘RCO’ for brevity).

    vii. In the meantime, the Lessee executed a Deed of

    Assignment with Lessor’s approval in favor of the Respondent

    No. 3 namely Ms.Rachana Madrewar in respect of the ‘subject-

    matter property’. The instrument was duly registered in the

    office of the Sub Registry Aurangabad. The C.I.D.C.O.

    recorded Ms. Madrewar’s name as Lessee of the ‘subject-

    matter property’.

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    viii. The Execution Proceedings remained pending for

    a considerable period. Hence, a Writ Petition No.11212 of

    2014 was filed by the respondent no.3/Lessee in this Court for

    direction to conclude the Execution Proceedings expeditiously.

    ix. On 10.12.2014, the Writ Petition came to be

    disposed of by this Court with directions to the Rent Control

    Officer Aurangabad to decide the Execution Proceedings

    within a period of four weeks therefrom. The notices were

    issued by the R.C.O. to the Tenant i.e. Respondent No.4 on all

    the available addresses as also on the address of the subject

    matter property. The notices were also served on the

    liquidator of the respondent no.4.

    x. Vide order dated 16.02.2015, the R.C.O. directed

    the Lessee to publish the notice in execution in a Daily

    Newspaper. Accordingly, on 17.02.2015 a notice to the

    tenant/respondent no.4 was published in Daily Punya Nagari,

    which is a widely circulated newspaper in Aurangabad district.

    Despite having been served by the notice issued by the R.C.O.

    vide ample opportunities and in multiple ways, the

    Respondent no.4 did not respond to such notice nor did

    appear in the Execution Proceedings.

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    xi. As such, the R.C.O. Aurangabad allowed the

    Execution Proceedings vide order dated 21.04.2015 (Exhibit-

    E, Page no.40). A possession warrant was issued

    independently for execution of the possession. Yet, the

    possession warrant was not executed. Hence at the behest of

    the Lessee, vide order dated 07.02.2023, the Circle Officer

    Aurangabad was authorized and directed to take possession of

    the ‘subject-matter property’, and to hand over to the Lessee

    in terms of the orders passed by the High Court. The notice of

    possession was affixed on the ‘subject-matter property’.

    xii. Interestingly, the petitioner filed Writ Petition No.

    1699 of 2023 in this court challenging the Possession notice.

    However, immediately the Writ Petition was withdrawn with

    liberty to file appropriate proceedings.

    xiii. Then, on 03.03.2023 the Petitioner filed a Civil

    Miscellaneous Application bearing no.92 of 2023 before the

    learned Ad-hoc District Judge-1, Aurangabad. This was an

    application to condone the delay of 2873 days occurred in

    challenging the order dated 21.04.2015, passed by the R.C.O.

    in the Execution Proceedings. The possession notice dated

    07.02.2023 was also put to challenge. (‘Rent Appeal

    proceedings’ for brevity).

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    xiv. During pendency of the Delay Condonation

    Application before the District Court, the petitioner

    simultaneously filed a proceeding before the Rent Control

    Officer on 31.03.2023 for setting aside/recalling the order

    dated 21.04.2015 passed in the Execution Proceedings.

    xv. On 23-06-2023, the Petitioner filed a Pursis in the

    District Court and withdrew the Rent Appeal proceedings with

    delay condonation application. The Rent Appeal proceedings

    were disposed of on 28.07.2023 in view of withdrawal pursis.

    The withdrawal of proceedings expressly was to prosecute the

    Objection Application in the Execution proceedings before the

    R.C.O. Aurangabad.

    xvi. In the Objection Application before the R.C.O.

    against the Possession notice, the petitioner averred prayers

    which are reproduced as follows:

    1) By allowing application impugned dated
    21.04.2015 passed by the Rent Controller
    Aurangabad. Bearing No.2015/m-ft-Hkq-l/d` [kks fo
    e /Hk-fu/fl vkj/91/ vks vkj lh-41. Be set-aside being
    ex-parte one.

    2) Darkhast filed by applicant Kanta Sadasshiv
    Dahat be heard on merit.

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    3) Applicant Kanta Sadashiv Dahat be directed
    to add present applicant as party to darkhast
    proceeding.

    xvii. The Petitioner sought to say that he was inducted

    by the Tenant i.e. R.No.4 into the subject matter property with

    a word that the Tenant shall sell out the subject matter

    property to him. He submitted to the R.C.O. that his Rent

    Appeal proceedings were pending in the District Court.

    Petitioner’s predominant contention was that he be given an

    opportunity of hearing. Pertinent to note, petitioner

    suppressed the withdrawal of Rent Appeal proceedings from

    Rent Control Officer.

    xviii. During pendency of the Objection Application

    before the R.C.O., The petitioner filed Writ Petition No.7676

    of 2023 in this Court to seek stay to the possession warrant

    during the pendency of his objection proceedings pending

    before the R.C.O. The petitioner therein submitted that, to

    seek immediate protection against the possession warrant, the

    Writ Petition No.7676 of 2023 was filed. The said Writ

    Petition came to be disposed of with directions to the Rent

    Controller/Executing Court to decide petitioner’s application

    within a period of four weeks therefrom allowing the parties
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    to raise all contentions. It was meant to give opportunity of

    hearing to the all stakeholders. Effect of order dated

    21.04.2015 was stayed for four weeks only at the request of

    the Petitioner. This stayed the possession notice/warrant

    ultimately.

    xix. Consequent to the order passed by this Court,

    notices were issued by the R.C.O. to all the parties including

    the petitioner, original tenant, official liquidator, the

    Administrator C.I.D.C.O., etc. Its pertinent to note that during

    the hearing, the Petitioner suppressed the fact that he has

    already withdrawn the Rent Appeal proceedings filed before

    the District Court. On the contrary it was pleaded there that

    Rent Appeal proceedings are pending before the District

    Court.

    xx. The hearing conducted by the R.C.O. was

    pursuant to the directions issued by this Court in order to

    facilitate an opportunity of hearing to the Petitioner, which in

    his grievance, has not received to him prior to the passing of

    order dated 21-04-2015 in the execution proceeding.

    xxi. The Petitioner had nothing to produce before the

    R.C.O. to support his case. The Tenant also did not come up to

    strengthen Petitioner’s case.

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    Petitioner’s own case was that he was given a

    word by someone on behalf of the tenant company that the

    tenant shall sell out the ‘subject-matter tenanted property’ to

    him, and that therefore he himself inducted himself in the

    ‘subject-matter property’.

    xxii. After hearing all the parties the R.C.O. observed

    that the Petitioner was given full opportunity of hearing. That,

    the Petitioner did not produce anything to support his

    contention. Whatever opportunity of hearing the Petitioner

    wanted, that was awarded to him by the R.C.O. Relying upon

    the case maintained by the Petitioner that his Rent Appeal

    proceedings were pending before the District Court, the

    R.C.O. obviously recorded that in such scenario the

    efficacious remedy for the Petitioner was to prosecute the

    Rent Appeal proceedings, and that the proceedings before the

    R.C.O. won’t be maintainable.

    xxiii. Resultantly, the Rent Control Officer @ District

    Collector, Chhatrapati Sambhajinagar vide the impugned

    order dated 30.08.2024 rejected petitioner’s application.

    As against this, the petitioner is before this Court.
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    4. At the instance of the learned Counsel for the

    parties, I have heard them extensively. I have also cautiously

    gone through the entire record produced by the parties in this

    Writ Petition. It is pertinent to note that after filing of this

    petition, once time was sought to carry out amendment in the

    pleadings to incorporate the pleadings that ‘the Appeal

    Proceedings filed by the petitioner in the District Court were

    withdrawn’.

    Thereafter, again adjournment was sought on

    some other ground. The respondent no.3 raised a grievance

    that due to pendency of the Writ Petition, the authorities were

    not executing the possession warrant without there being no

    preventive orders.

    Vide order dated 07.01.2025, this Court clarified

    that there was no interim relief in favour of the petitioner. As

    such even today, there is no interim relief in the matter, yet

    the possession warrant is not executed by the Authorities.
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    5. SUBMISSIONS

    5.1. Mr. Mukul S. Kulkarni, learned Counsel for the

    petitioner candidly agrees that the petitioner has nothing on

    record to show that the petitioner under any authority

    occupied the subject matter property, except the bare words.

    However, he reiterates that the Petitioner occupied the subject

    matter property at the behest of respondent no.4. He submits

    that somebody from Respondent No.4’s office has given a

    word to the Petitioner that the Respondent No.4 shall sell out

    the subject matter property to him.

    5.2. As a challenge to the impugned order, Mr.

    Kulkarni would raise twofold argument i.e.

    (i) If the Rent Control Officer was of the opinion that

    the proceedings were not maintainable due to pendency of the

    Rent Appeal proceedings, he ought not to have observed

    anything on merit;

    and;

    (ii) If on merit observations are to be made,

    Petitioner ought to have been given an opportunity of hearing

    by the Rent Control Officer before passing the orders dated

    21.04.2015, for which matter be again remanded back to the

    Rent Control Officer.

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    5.3. Mr. Kulkarni submits that if it is held that the

    order dated 30.08.2024 is passed looking into merits of the

    case, then the petitioner ought to have given an opportunity

    before passing the order dated 21.04.2015 and to demonstrate

    his merit. With these arguments, Mr. Mukul Kulkarni, learned

    advocate for the Petitioner prays to allow the Writ Petition

    even on the principles of equity.

    5.4. Mr. Mahesh R. Sonawane, learned Counsel for

    the respondent no.3 submits that the present petition is

    apparently nothing but an another attempt by the petitioner to

    protract the proceedings with an ulterior motive to retain

    illegal possession of the subject matter property. He would

    point out that its not that the Petitioner was awaken only the

    year 2023 (Writ Petition No.1699 of 2023). Mr. Sonawane

    takes me to the reply affidavit wherein copies of the orders

    passed by the learned 3 rd Civil Judge (S.D.) Aurangabad in

    Regular Civil Suit No.34 of 2018, are on record.

    5.5. Referring to the orders passed in the suit (supra),

    he would point out that the Petitioner was well aware of all

    the proceedings right in the year 2018 itself, yet the Petitioner

    suppressed this fact from all other courts and authorities.

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                 Mr.   Sonawane,        learned   Counsel   for   the
    
    

    Respondent No. 3 would demonstrate from the recitals of the

    orders passed by the learned Civil Judge, that the Petitioner

    merely kept pending even the hearing on Temporary

    Injunction application for five years.

    5.6. Mr. Sonawane advocates the findings recorded by

    the Rent Control Officer passed vide the impugned order

    dated 30.08.2024. He was at pains to submit that despite

    there being no stay passed by this Court and as also the same

    expressly having been observed by this Court, the petitioner

    somehow has succeeded in retaining the illegal possession. He

    submits that his client is a lawful lessee of the plot leased by

    the C.I.D.C.O. and a lawful owner of the house constructed

    thereon. He would submit that it is high time that this Court

    must interfere and the respondent no.3 be handed over the

    possession of subject matter property. He gives emphasize on

    the point that the Petitioner has always made false statement

    before the R.C.O. and the Courts including this court about

    pendency of proceedings, and called for indulgence.
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    He submits that conduct of the Petitioner must be

    taken into consideration seriously. He places reliance on the

    following judgments:

    1. K. D. Sharma Vs. Steel Authority of India LTD. & Ors ,

    reported in 2008 (12) SCC 481, wherein it is held as under:

    29. If the primary object as highlighted in
    Kensington Income Tax Commissioners is kept in
    mind, an applicant who does not come with candid
    facts and ‘clean breast cannot hold a writ of the
    Court with ‘soiled hands’. Suppression or
    concealment of material facts is not an advocacy. It
    is a jugglery, manipulation, maneuvering or
    misrepresentation, which has no place in equitable
    and prerogative jurisdiction. If the applicant does
    not disclose all the material facts fairly and truly
    but states them in a distorted manner and misleads
    the Court, the Court has inherent power in order to
    protect itself and to prevent an abuse of its process
    to discharge the rule nisi and refuse to proceed
    further with the examination of the case on merits.

    If the Court does not reject the petition on that
    ground, the Court would be failing in its duty. In
    fact, such an applicant requires to be dealt with for
    contempt of Court for abusing the process of the
    Court.

    2. Chandra Shashi Vs. Anil Kumar Verma, reported in

    1994 AIR (SCW) 4994, wherein it is held as under:

    1. The stream of administration of justice has to
    remain unpolluted so that purity of court’s
    atmosphere may give vitality to all the organs of
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    the State. Polluters of judicial firmament are,
    therefore, required to be well taken care of to
    maintain the sublimity of court’s environment, so
    also to enable it to administer justice fairly and to
    the satisfaction of an concerned.

    2. Anyone who takes recourse to fraud, deflects
    the course of judicial proceeding; or if anything is
    done with oblique motive, the same interferes with
    the administration of justice. Such persons are
    required to be properly dealt with, not only to
    them for the wrong done, but also to deter others
    from indulging in similar acts shake the faith of
    people in the system of administration of justice.

    3. K. Jayaram & Ors. Vs. Bangalore Development

    Authority & Ors, reported in 2022 (12) SCC 815, wherein in

    the headnote A, it is held as under:

    (A) Petitioner approaching the writ court must
    come with clean hands and put forward all facts
    before the Court without concealing or suppressing
    anything.

    4. Dalip Singh Vs. State of U.P. & Ors., reported in 2010

    (2) SCC 114, wherein it is held as under:

    1. For many centuries, Indian society cherished two
    basic values of life i.e., ‘Satya’ (truth) and ‘Ahimsa’
    (non-violence). Mahavir, Gautam Buddha and
    Mahatma Gandhi guided the people to ingrain
    these values in their daily life. Truth constituted an
    integral part of justice delivery system which was
    in vogue in pre-independence era and the people
    used to feel proud to tell truth in the courts
    irrespective of the consequences. However, post-
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    independence period has seen drastic changes in
    our value system. The materialism has over-
    shadowed the old ethos and the quest for personal
    gain has become so intense that those involved in
    litigation do not hesitate to take shelter of
    falsehood, misrepresentation and suppression of
    facts in the court proceedings. In last 40 years, a
    new creed of litigants has cropped up. Those who
    belong to this creed do not have any respect for
    truth. They shamelessly resort to falsehood and
    unethical means for achieving their goals. In order,
    to meet the challenge posed by this new creed of
    litigants, the courts have, from time to time,
    evolved new rules and it is now well established
    that a litigant, who attempts to pollute the stream
    of justice or who touches the pure fountain of
    justice with tainted hands, is not entitled to any
    relief, interim or final.

    2. In Hari Narain v. Badri Das, AIR 1963 SC 1558,
    this Court adverted to the aforesaid rule and
    revoked the leave granted to the appellant by
    making the following observations:

    It is of utmost importance that in making material
    statements and setting forth grounds in
    applications for special leave made under Article
    136
    of the Constitution, care must be taken not to
    make any statements which are inaccurate, untrue
    and misleading. In dealing with applications for
    special leave, the Court naturally takes statements
    of fact and grounds of fact contained in the
    petitions at their face value and it would be unfair
    to betray the confidence of the Court by making
    statements which are untrue and misleading. Thus,
    if at the hearing of the appeal the Supreme Court is
    satisfied that the material statements made by the
    appellant in his application for special leave are
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    inaccurate and misleading, and the respondent is
    entitled to contend that the appellant may have
    obtained special leave from the Supreme Court on
    the strength of what he characterizes as
    misrepresentations of facts contained in the
    petition for special leave, the Supreme Court may
    come to the conclusion that in such a case special
    leave granted to the appellant ought to be revoked.

    Placing reliance upon the observations cited

    above, Mr. Sonawane, learned Counsel prays to dismiss the

    Writ Petition.

    6 DISCUSSION AND FINDINGS:

    6.1. The facts in the case are very clear. The Petitioner

    was never a tenant nor a sub tenant in the ‘subject-matter

    property’. It is also not his case that the Lessee has ever agreed

    to transfer that property to him. A feeble attempt is made by

    the petitioner to convince that he occupied the subject matter

    property at the behest of respondent no.4 – tenant of the

    Lessee. Petitioner’s bone of contention is that some official of

    the Respondent No.4 tenant company agreed him to sell out

    the ‘subject-matter property’, and hence he introduced himself

    in it. Suffice to note there is nothing on record even to suggest

    that the petitioner was authorized to occupy the premises by

    the respondent no.4.

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    6.2. One must not loose sight of the fact that the

    ‘subject-matter property’ is a leasehold property owned by the

    C.I.D.C.O., a special town planning authority. Even a lawful

    leaseholder/ Lessee also can not transfer the leasehold rights

    without permission of the C.I.D.C.O. Petitioner tries to justify

    his possession on the pretext that a word was given to him on

    behalf of tenant that the tenanted premises shall be sold to

    him by the tenant. Such an agreement absolutely doesn’t bear

    any legal sanctity.

    I do not comprehend with the Petitioner’s case

    that the tenant could sell out the tenanted leasehold property

    to him, and that possession under such oral agreement can be

    lawfully protected. By no stretch of imagination such case

    could be accepted. Such an agreement is not binding on the

    Respondent No. 3 – the owner of house and the Lessor i.e. the

    C.I.D.C.O. Pertinent to note, the Petitioner has never claimed

    specific performance of contract against the Respondent No. 4.

    He merely wants to retain his unlawful possession over the

    ‘subject matter property’, which can no more be permitted.
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    6.3. What the Petitioner purportedly wanted to

    putforth before the Rent Control Officer prior to the

    Execution Order dated 21-04-2015, he had full opportunity to

    produce such material before the same authority in the

    hearing conducted by the Rent Control Officer pursuant to the

    orders passed by this Court in Writ Petition No. 1699 of 2023

    and 7676 of 2023. However, the Petitioner except bare words

    did not place anything on record to justify his possession and

    the authority under which he inducted himself in the ‘subject-

    matter property’.

    6.4. Falling deficit to adduce ‘adequate evidence’ is

    one thing and having absolutely ‘no evidence’ is another thing.

    Hence on facts I find that before the Rent Control Officer even

    after receiving full opportunity of hearing, as also before this

    Court in the present proceeding the Petitioner has utterly

    failed to prove that his possession in the ‘subject-matter

    property’ was lawful to invoke the principles of equity. In any

    case as observed supra, an agreement of whatsoever nature

    i.e. oral or written, on behalf of tenant to sell out the tenanted

    premises to a stranger is not at acceptable for any purpose,

    nor protection can be granted to the possession under such

    agreement.

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    6.5. Now I deal with Petitioner’s first objection as

    regards to findings of the Rent Control Officer that

    Petitioner’s objection was not maintainable.

    6.5.1. Its a matter of fact that the Petitioner himself

    pleaded before the Rent Control Officer that his Rent Appeal

    proceedings were pending before the District Court.

    Obviously, the Rent Control Officer observed that the

    appropriate remedy would be to prosecute the Rent Appeal

    proceeding, and that the objection application won’t be

    maintainable.

    6.5.2. It is undisputed that, Petitioner’s Rent Appeal

    proceedings were already withdrawn by the Petitioner on 28-

    07-2023. Petitioner suppressed this vital information and

    made utterly false statement before the Rent Control Officer

    that the Rent Appeal proceedings were pending. By making it

    a point that his Rent Appeal proceedings were in process, the

    Petitioner sought to secure orders suppressing the factum of

    withdrawal of the Rent Appeal Proceedings.
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    However, by seeking amendment in the present

    Writ Petition at paragraph No.10A and Grounds Nos. II-A and

    II-B, the Petitioner attempted to overcome the factual

    incorrect statement made before the Rent Control Officer as

    also before this Court.

    The amendment reads as follows:-

    paragraph No. 10A:

    “The Petitioner states and submits that on
    23-06-2023, a purshis was filed before the learned
    District Court in the pending appeal on behalf of
    the present Petitioner and thereby permission was
    sought for withdrawing the appeal in view of filing
    of application for setting aside ex-parte order dated
    21-04-2015. Hereto annexed and marked as
    ANNEXURE G-1 is the copy of the pursis dated 23-
    06-2023 filed on his behalf before the learned
    District Court.

    The Petitioner states and submits that the
    learned District Court vide order dated 28-07-2023
    permitted the Petitioner to withdraw his appeal.
    Hereto annexed and marked as ANNEXURE G-2 is
    the copy of the order dated 28-07-2023 passed by
    the District Court at Aurangabad in Civil
    Misc.Application no.92 of 2023.”

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    Grounds

    ii-“A”. The Respondent No. 1 has held that the
    proceedings for setting aside ex parte order are not
    tenable in with of pendency of appeal before the
    District Court It is however a matter of record that
    the appeal before the learned District Court is
    withdrawn vide order dated 28.07 2023 and hence
    the proceedings for setting aside ex parte order are
    required to be considered and decided on merits

    ii-“B”. The Petitioner, due to his lack of legal
    acumen could not point out the withdrawal of his
    appeal either to the Respondent No 1 at the time of
    hearing of the said proceedings nor could state the
    same in the present Writ Petition It is only at the
    time of hearing, he realised his omission and hence
    the same is being brought on record without any
    delay.”

    6.5.3. Pertinent to note, the amendments were carried

    out on 15-10-2024. Petitioner’s admission by way of

    amendment and the factual position itself thwarts his first

    objection. On one hand Petitioner argues that the Rent

    Control Officer ought not to have rendered anything on facts

    and merits because of pending Rent Appeal proceedings,

    while on the other hand he submits that such proceedings

    were no more live.

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    The moment Petitioner says that the Rent Appeal

    proceedings were already disposed of, the observation of Rent

    Control Officer about maintainability of objection application

    looses its implication. Simultaneously, petitioner’s grievance in

    the Writ Petition too doesn’t survive. The R.C.O. recorded that

    the objection application is not maintainable, because the

    Petitioner expressly stated that the Rent Appeal proceedings

    were pending.

    6.5.4. Petitioner’s grievance is that since the R.C.O.

    observed that the proceedings were not maintainable, and yet

    observed that the Petitioner had no proof in support of his

    claim, such observations adversely affect his merits before the

    Court. This is an ludicrous objection. The Petitioner has

    already withdrawn his Rent Appeal proceedings from the

    District Court. Except the objection application pending before

    the R.C.O., the Petitioner had no other proceedings pending in

    any court challenging the eviction/execution proceedings or

    to prosecute his any right. The fact of withdrawal of Rent

    Appeal proceedings are introduced by the Petitioner in this

    Writ Petition by way of subsequent amendment.
    26

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    Prior to that, a positive statement is made in the

    Writ Petition that the Rent Appeal proceedings pending even

    when the objection application was heard.

    6.5.5. It necessitates me to observe that, even before

    this court the Petitioner maintained the same strategy.

    Present Writ Petition is filed on 08- 10-2024. Petitioner was

    absolutely well aware that his Rent Appeal proceedings are

    already withdrawn by him on 28-07- 2023. Yet in the Writ

    Petition at paragraph No.10, the Petitioner made forthright

    statement on oath that his Rent Proceedings were pending

    before the District Court and hence the findings of the R.C.O.

    were faulty. This is a cautious and adventurous pleading.

    Notices were issued by this Court relying upon the pleadings

    on oath in the Writ Petition. Subsequently to overcome this

    false pleading, the amendment in paragraph No. 10A and

    Ground No. ii-B (supra) is placed into service.

    6.5.6. Conduct and case of the Petitioner is hit by the

    foundation principle of ‘law on equity and fairness’ framed in

    famous Latin Maxim “Nullus Commodum Capere Potest De

    Injuria Sua Propria” i.e. no one can take advantage of his own

    wrong.

    27

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    The Petitioner tried to justify the amendment on

    account of ‘lack of legal acumen’. I do not accept that it was a

    bonafide lapse or bonafide inadvertence on the part of the

    Petitioner. Missing a pleading is one thing, and placing

    positively a false fact on oath in the pleading is another. Both

    do not stand on same footing when it comes to the bonafides

    of the party making a positive incorrect pleading. I have no

    doubt in my mind to observe that the statement at paragraph

    No. 10 of the Writ Petition about pendency of Rent appeal

    proceedings was a cautious one, and was averred to make this

    court believe the same. The original pleading at paragraph No.

    10 was profusely to show how the Rent Control Officer erred

    in rendering findings despite Rent Appeal proceedings were

    in force.

    6.5.7. The sequence of the litigation raised by the

    Petitioner, and the replacement of absolutely contrary

    pleadings made in the Writ Petition in the manner as observed

    supra, straightaway goes to show that Petitioner has never

    appeared before the this Court and the Rent Control Officer

    with clean hands.

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    6.5.8. This reminds the pristine principle of law “Fraus

    et jus nunquam cohabitant” elaborated by Lord Denning in

    his judgment in the case of “Lazarus Estate Ltd. v. Beasley

    1956 (1) QB 702”. Since then in different set of facts, still it

    continues to guide how and why fraud and justice can not

    dwell together. In the case in hand, the term ‘fraud’ refers to

    Petitioner’s conduct as observed supra to frustrate a lawful

    decree and directions issued by this Court. He cautiously made

    positive averments of incorrect facts before R.C.O. and also

    before this Court with an intent to secure gainful relief.

    When the Authority turned down his application believing the

    factually incorrect averments, the same is taken as ground in

    the Writ Petition to challenge the order passed by the R.C.O.

    Again by making a casual amendment in the Writ Petition,

    entire plinth of the Writ Petition itself is sought to be changed.

    This certainly is not a lack of legal acumen or bonafide

    inadvertence, but its an advertent mischief played by the

    Petitioner on the Court.

    6.6 Now, as regards to the objection raised by Mr. Mukul

    Kulkarni, learned advocate for the Petitioner on ‘an

    opportunity of hearing’ I record my findings as follows:-
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    6.6.1. Petitioner firstly filed Writ Petition No. 1699 of

    2023, which was withdrawn by him with leave to file

    appropriate proceedings to challenge the execution warrant.

    6.6.2. Petitioner lodged his objection application before

    the Rent Control Officer with prayer to recall the order dated

    21.04.2015 and the possession notice/warrant.

    6.6.3. Petitioner filed Writ Petition No. 7676 of 2023

    seeking stay to the possession notice/warrant during

    pendency of his Objection application before the Rent Control

    Officer. This Court initially stayed handover of possession.

    After hearing the parties, on 06.11.2023 this Court directed

    the Rent Control Officer to give a hearing to the Petitioner and

    all the stakeholders, and then to pass appropriate orders. Stay

    to the possession notice/warrant was granted for a further

    period of 4 weeks only.

    6.6.4. Rent Control Officer issued notices to all

    stakeholders, heard fully the Petitioner, and rejected

    Petitioner’s objection application on 30.08.2024.
    30

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    6.6.5. The hearing before the Rent Control Officer

    concluded by the impugned order of 30.08.2024 was

    conducted pursuant to the order passed by this Court in the

    Writ Petition No.7676 of 2023 and directions at paragraph

    No. 5 which reads thus:

    “5. In view of the submissions made above, I
    deem it appropriate to direct the Rent
    Controller/Executing Court to decide the
    proceedings at page Nos. 54 and 67 of this
    petition within a period of four weeks. Interim stay
    is granted to the impugned order passed by the
    Rent Controller for the period of four weeks. The
    writ petition is disposed of accordingly. All civil
    applications are disposed of. All points/
    contentions are kept open.”

    6.6.6. Disposal of the Writ Petition No. 1699 of 2023

    and No. 7676 of 2023 relegated all the parties back to the

    Rent Control Officer with directions to the authority to give

    an opportunity of hearing to all the stakeholders and then to

    pass an appropriate order.

    6.6.7. Accordingly in the subsequent hearing, the Rent

    Control Officer has given opportunity of fresh hearing to all

    the concerned, particularly the petitioner. Its an admitted fact

    that the Petitioner has nothing to support his case before the

    Rent Control Officer.

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    This is what the Rent Control Officer observed.

    Thereafter the impugned order is passed. Today also the

    Petitioner has nothing to substantiate his case, except his bare

    words, which, are in respect of such agreement that can never

    be accepted for any purpose. Under these circumstances, it

    would be an derisory prayer of the petitioner that still he be

    given an opportunity of hearing. His grievance that he was not

    heard before passing the order dated 21.04.2015 has stood

    redressed.

    Hence I hold that Petitioner’s 2nd and last

    objection also does not hold any water.

    6.7. I have gone through the orders passed by the

    learned Civil Judge in Regular Civil Suit No. 34 of 2018. It

    seems that the suit was predominantly for a plot No. 13

    adjoining to the ‘subject-matter property’ that too was also

    leased by the C.I.D.C.O. to the present Lessee. The petitioner

    contended in the said suit that officer of the tenant company

    had orally agreed to sell out the suit property and the present

    ‘subject-matter property’ in favor of the Petitioner. The said

    suit is subsequently dismissed for want of prosecution.
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    It shows that the Petitioner has kept properties

    including ‘subject-matter property’ lingering in the litigation.

    This obviously show that the Petitioner was well aware of the

    eviction proceedings even in the year 2018, unlike the cause

    of action shown to have arisen in 2023.

    6.8. The fight and plight of the lessee has begun right

    in 1992. In the meantime, the lessee died. His daughter

    stepped into the shoes of her father. Present respondent no.3

    purchased the lease hold rights from the lessee with approval

    of the C.I.D.C.O. by paying a valuable consideration. However,

    till today the fruits of the eviction which has started since

    06.10.1992 are not received by the beneficiary/decree holder.

    6.9. The worrying part of the case is that there is no

    preventive order passed by any Court since after order dated

    06-11-2023 passed by this court in Writ Petition No. 7676 of

    2023. Stay to the execution notice was only for a period of 4

    weeks w.e.f. 06-11-2023. This court clarified on 07-01-2025

    that there is no stay to the execution. Original order of

    eviction is passed by this Court on 09-12-2011 in the Civil

    Revision Application No. 781 of 2000.

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    Still the possession warrant is not executed by the

    Circle Officer Aurangabad for the reasons best known to him.

    This Court won’t anymore act as a mute spectator to see how

    execution of the orders passed by it remain pending for

    indefinite period at the whims and pleasure of the executing

    authorities.

    6.10. A decree on papers is of no use. We are well

    guided by the definitive legal maxim Executio Est Finis Et

    Fructus Legis. The literal meaning of the Latin maxim is that

    ‘Execution is the end and fruit of the law’. Until a decree is

    executed, the verdict merely remains a decision without any

    fruit of the justice to the decree holder. If the directions and

    orders passed by the Courts and the Authorities under Law are

    not effectively and timely implemented, the justice

    pronounced shall remain only a portrayed lantern. Frivolous

    litigation and disregard of the executives to execute the court

    orders discourage the decree holder. To create and continue

    faith in justice, it must be seen to have been done. In my view

    in the cases like the present one, justice is done when the

    decree/order under law is seen executed.
    34

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    6.11. The Honorable Supreme Court in the case of

    Satyawati vs. Rajinder Singh @ Another reported at (2013) 9

    SCC 491, has observed that a execution and implementation

    of a decree must not be delayed. Non execution of a decree

    timely and the delay caused in execution deprives a decree

    holder of the fruits of his fight for justice.

    6.12. The facts recorded above clearly show that the

    proceedings initiated at the behest of the petitioner are not

    bonafide. Besides the locus of the Petitioner to file those

    proceedings, it has abundantly come on record that the

    Petitioner always expressly made false statements on oath

    before this Court and also pleadings before the R.C.O. He

    secured orders from this court including stay too, on the basis

    of those false statements. Subsequently under the garb of

    amendment, took summersault to his contentions and created

    pandemonium in the matters. The conduct of the Petitioner of

    making false pleading in order to secure favorable orders from

    the court is nothing but sheer abuse of the process of law.

    Mere earning leave to amend pleadings does not ipso facto

    immune a party from the risk and liability incurred by

    earlier pleadings.

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    6.13. I have even offered an opportunity of hearing to

    the learned Counsel for the parties on the point of costs, and

    have heard them accordingly. While Mr. Mahesh R.

    Sonawane, learned Counsel for the respondent no.3 pressed

    for heavy exemplary cost, Mr. Mukul S. Kulkarni, learned

    Counsel for the petitioner sought to justify that the

    circumstances did not warrant imposition of cost on the

    petitioner.

    Hence, I am of the considered view that the Writ

    Petition is liable to be dismissed with exemplary costs in view

    of the conduct of the petitioner as recorded above.

    7. Hence, I pass following order:

    ORDER

    i. The Writ Petition stands dismissed.

    ii. The Circle Officer, Aurangabad shall execute
    the possession warrant dated 07.02.2023 without
    any default and excuse, and shall hand over
    possession of the ‘subject-matter property’ to the
    respondent no.3 within a period of four weeks from
    today. The Circle Officer, Aurangabad to file
    compliance report in this Court within Five weeks
    from today. The Petitioner shall peacefully vacate
    the ‘subject- matter property’ in the possession
    handover process.

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    iii. In the circumstances, costs of Rs.25,000/- is
    saddled on the petitioner. Amount of costs be
    deposited in this Court within a period of four
    weeks from today.

    iv. Upon such deposit, the respondent no.3 is
    permitted to withdraw the same.

    v. It is clarified that the Circle Officer,
    Aurangabad shall execute the possession warrant in
    terms of operative clause (ii) of this order
    irrespective of whether the petitioner deposits the
    costs within the given time or not.

    vi. Writ Petition stands dismissed accordingly.

            vii.     Rule stands discharged.
    
    
    
                                           ( AJIT B. KADETHANKAR, J. )
    Rushikesh/2026
     



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