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Bombay High Court

STATE OF MAHARASHTRA, THROUGH DEPUTY DIRECTOR OF SPORTSversusMUMBAI HOCKEY ASSOCIATION LTD

Decided
Disposal
Disposed Off

Holding

The renewal of the lease for a further 30 years makes the respondent's possession authorized, rendering the writ petition infructuous.

Summary

The State of Maharashtra challenged an eviction order passed by the City Civil Court under the Bombay Government Premises (Eviction) Act, 1955, on the ground that the lease of the land had expired on 31 December 2003. The appellate court had set aside the eviction order, prompting the State to file the present writ petition. While the writ petition was pending, the Collector, acting as lessor, executed a registered lease deed renewing the lease for a further 30 years starting in 2017. The court held that the renewal of the lease rendered the respondent’s possession authorized and therefore the writ petition was no longer maintainable. Consequently, the petition was disposed of as infructuous and the accompanying civil application was also dismissed.

Issues considered

  • Whether the renewal of the lease after the filing of the writ petition defeats the basis of the petition under the Bombay Government Premises (Eviction) Act, 1955
  • Whether the writ petition becomes infructuous due to subsequent events affecting the lease status

Legislation cited

Subjects

  • eviction
  • lease renewal
  • writ petition
  • infructuous
  • Bombay Government Premises (Eviction) Act
  • civil appellate jurisdiction

Judgment

                                                               20-wp4798-2014 with caw1821-2016.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.4798 OF 2014
                                                    WITH
                                     CIVIL APPLICATION NO.1821 OF 2016

                      State of Maharashtra, through
                      Deputy Director of Sports                    … Petitioner
                                 V/s.
                      Mumbai Hockey Association Ltd.               … Respondents

         Digitally
         signed by
                      Mrs. V.S. Nimbalkar, AGP for petitioner-State.
         ATUL
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2026.01.08
                      Ms. Shrushti Relekar for respondent No.1.
         17:37:02
         +0530

                      Mr. Samir S. Patil, Superintendent, Deputy Director
                      Sports and Youth Services, Mumbai is present.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : JANUARY 8, 2026
                      P.C.:

                      1.      The petitioner-State of Maharashtra is challenging order
                      passed by the City Civil Court in a proceeding arising out of the
                      provisions of the Bombay Government Premises (Eviction) Act,
                      1955. The proceedings under the said Act were initiated on the
                      ground that lease of subject land expired on 31 December 2003.
                      Though the first authority passed an order of eviction, the
                      appellate Court set aside the order and, therefore, the petitioner
                      has filed present writ petition.

                      2.      During pendency of the present writ petition, the lessor
                      (Collector) has executed registered lease deed renewing lease for
                      period of 30 years from 2017.



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                                        20-wp4798-2014 with caw1821-2016.doc


3.   In view of renewal of the lease deed, the possession of
respondent No.1 cannot be treated as unauthorized now and the
writ petition filed by the petitioner has been rendered infructuous
due to subsequent events.

4.   Hence, the writ petition stands disposed of as infructuous.

5.   In view of disposal of the writ petition, civil application does
not survive and stands disposed of as such.


                                              (AMIT BORKAR, J.)




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