Bombay High Court
VIVEK EKNATH INGLEversusTHE ADDITIONAL DIVISIONAL COMMISSIONER ANR ANR
- Decided
- Disposal
- Dismissed
Holding
The petition is dismissed as the license expired on 29 June 2024 and the petitioner has no right to remain in the premises.
Summary
The petitioner held a leave‑and‑license agreement that expired on 29 June 2024. The licensor had earlier terminated the license before its expiry, a termination that was contested before the Competent Authority. While the challenge was pending, the license naturally came to an end on the expiry date, after which the licensor filed an application for vacation of the premises. The Competent Authority ordered eviction, and the Revisional Authority, invoking Section 44 of the Maharashtra Rent Control Act, upheld that order. The High Court examined both orders, found no error, held that the license had indeed expired and the petitioner had no right to remain, and consequently dismissed the writ petition.
Issues considered
- Whether the termination of the leave‑and‑license agreement prior to its contractual expiry was lawful
- Whether the petitioner retained any right to occupy the premises after the license expired on 29 June 2024
- Whether the orders of the Competent Authority and Revisional Authority under the Maharashtra Rent Control Act were legally sound
Legislation cited
- Maharashtra Rent Control Act — s. 44
Subjects
- leave and license
- eviction
- rent control
- termination of license
- expiry of license
- revisional authority
Judgment
Sonali Mane 26-WP-9248-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9248 OF 2026
Vivek Eknath Ingle … Petitioner
Versus
The Additional Divisional
Commissioner And Ors. … Respondents
Adv. Praful Karande a/w Adv. Ahmed Zaki Shaikh for Petitioner.
Adv. Y. D. Patil, AGP for Respondent-State.
Adv. Tushar Gujjar a/w Adv. Aman Saraf, Adv. Shamira Naik i/b S.
L. Partners for Respondent No. 3.
CORAM : ARUN R. PEDNEKER, J.
DATE : 17 AUGUST, 2026
P.C. :
1. It is undisputed that the leave and license agreement between
the parties has expired on 29 June, 2024. Prior thereto, license was
terminated by the licensor, which was challenged before the Competent
Authority. However, during the pendency of the proceedings, the license
itself came to an end on 29 June, 2024. Thereafter, application is filed
by the licensor for vacation of the licensed premises. The Court by the
MANE
impugned order has directed the eviction of the Applicant and as such
SONALI
DILIP
Digitally signed by
MANE SONALI
DILIP
Date: 2026.08.19
12:31:58 +0530
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Sonali Mane 26-WP-9248-2026.docx
directions are made to vacate the premises and the matter is kept
pending for determining the legality of termination of license prior to
the expiry of the license period and for fixing liability. The said order
dated 16 May, 2025 passed by the Competent Authority was challenged
before the Revisional Authority under Section 44 of the Maharashtra
Rent Control Act. The Revisional Authority has also concurred with
the finding of the Competent Authority that the license has expired on
29 June, 2024 and upheld the order of the Competent Authority.
2. I see no errors in both the orders. The license period itself has
expired and the Petitioner has no right to stay in the licensed premises.
Accordingly, the Petition is dismissed.
[ARUN R. PEDNEKER, J.]
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