Gujarat High Court
SCA/24572/2005 of MRS. BHANUMATIBEN NATVERLAL MISTRI Vs THE STATE OF GUJARAT on 26 December 2005
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 24572 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Issues
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 24572 of 2005
For Approval and Signature:
HONOURABLE MR.JUSTICE M.R. SHAH
========================================== 1[Whether Reporters of Local Papers may be allowed ]to see the judgment ?2To be referred to the Reporter or not ?3[Whether their Lordships wish to see the fair copy ]of the judgment ?Whether this case involves a substantial question of law as to the interpretation of the 4constitution of India, 1950 or any order made thereunder ?
5[Whether it is to be circulated to the civil judge ]?
========================================= MRS. BHANUMATIBEN NATVERLAL MISTRI - Petitioner(s)
Versus
THE STATE OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :MR VN BHAGODIAfor Petitioner(s) : 1,GOVERNMENT PLEADER for Respondent(s) : 1,None for Respondent(s) : 2 - 3.
==================================================================
CORAM :[HONOURABLE MR.JUSTICE M.R. SHAH]
Date : 26/12/2005
ORAL JUDGMENT
1. This matter is called out twice. The learned advocate appearing on behalf of the petitioner is absent on both the occasions. Under the circumstances, this Court has no any other alternative but to decide and dispose of the present Special Civil Application on merits ex-parte.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction or order directing the respondents to pay immediately forthwith outstanding rent due amount of Rs.7,53,696.00 ps. due from respondents to the petitioner and to direct the respondent Nos.2 and 3 to make fresh agreement for rental occupation with above said 20% increase in monthly rent of Rs.23,509/-.
3. The controversy in question is in realm of the contract and in a petition under Article 226 of the Constitution of India, the respondent Nos.2 and 3 cannot be directed to enter into lease agreement. Even so far as the prayer directing the respondents to pay outstanding rent due amount of Rs.7,53,696.00 ps. is concerned, apart from the fact that the same is disputed question of fact, it is a money claim hence, the petition under Article 226 of the Constitution of India is not maintainable for the said relief.
3/3JUDGMENT
4. Hence, there is no substance in the present Special Civil Application and the same is required to be dismissed and is, accordingly, dismissed.
(M.R.SHAH, J.)
kdc.