Bombay High Court
SHIRISH SHRINIVAS DESHMUKH LHR OF LATE SHRINIVAS DESHMUKHversusTHE COMPETENT AUTHORITY RENT CONTROL , KONKAN DIVISION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court directed the execution officer to promptly carry out the order and disposed of the writ petition.
Summary
The petitioner, Shirish Shrinivas Deshmukh, filed a writ petition seeking enforcement of an order dated 19 March 2025 that directed the execution officer to sell certain articles and remit the proceeds to him. The execution officer had taken no action for over one and a half years, rendering the petitioner's premises unusable. The court granted the petitioner liberty to approach the execution officer to implement the order and directed the officer to decide the pending matters expeditiously. It observed that the prolonged delay was prejudicial to the petitioner. Accordingly, the writ petition was disposed.
Issues considered
- Whether the court can direct the execution officer to enforce the order for sale of articles and payment of proceeds.
- Whether the petitioner is entitled to liberty to approach the execution officer for expeditious execution of the order.
Subjects
- writ petition
- execution of order
- rent control act
- eviction
- execution officer
- delay
- expeditious disposal
Judgment
Gitalaxmi 39-WP-12447-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12447 OF 2026
SHIRISH SHRINIVAS DESHMUKH LHR. OF LATE
SHRINIVAS DESHMUKH ...PETITIONER
Versus
THE COMPETENT AUTHORITY, RENT
CONTROL ACT, KONKAN DIVISION
AND OTHERS ...RESPONDENTS
Mr. Bhushan Ulhas Deshmukh, learned counsel for the
Petitioner.
None for the Respondents.
CORAM : ARUN R. PEDNEKER, J.
DATE : 21st SEPTEMBER, 2026.
Per Court :
1. None present for the Respondents.
2. Heard learned counsel appearing for the Petitioner.
Learned counsel submits that an order is passed in his favour dated
19th March, 2025 by the competent authority in Execution
Application No. 9 of 2025 in Eviction Application No. 40 of 2023,
wherein the directions are issued to the execution officer of the
competent authority to sale out all the articles by public action and
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21st SEPTEMBER, 2026
Gitalaxmi 39-WP-12447-2026.docx
handover the net proceeds to the Petitioner to the extent of the
amount mentioned in the order. Learned counsel further submits
that for last more than 1 & ½ years, no further steps are taken by the
concerned execution officer and as such, he is prejudiced as his
premises are unusable.
3. Liberty is granted to the Petitioner to apply to the execution
officer/competent authority to carry out its own orders.
4. Since the matter is pending for long and the licenced
premises in possession cannot be used by the licensor, the concerned
authority/officer to decide the pending proceedings expeditiously.
5. With these observations, Writ Petition No. 12447 of 2026
stands disposed of accordingly.
[ ARUN R. PEDNEKER, J. ]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.09.23
11:07:07 +0530
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21st SEPTEMBER, 2026
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