By this Writ Petition, the petitioner has challenged judgment and order dated 06-09-2016, passed by the Ad-hoc District Judge-1, Nagpur, in Misc. Civil Appeal No.117 of 2008, whereby appeal filed by the respondent under Section 7 of the Bombay Government Premises (Eviction) Act, 1955 (for short, 'Act of 1955'), has been allowed and it has been held that the respondent is entitled to evict the petitioner from the premises in question i.e. Scooter Stand alloted at Main Bus Stand at Ganesh Peth, Nagpur, under Section 4 of the said Act. The petitioner has also challenged order dated 18-02-2017, passed by the aforesaid Court dismissing review application filed by the petitioner.

2. The facts of the present case are, that the respondent-Maharashtra State Road Transport Corporation, had alloted space for running Scooter and Cycle Stand at the Main Bus Stand, Ganesh Peth, Nagpur to the petitioner on 06-05-1983, for a period of 5 years. Thereafter, the respondent-Corporation invited tenders for allotment of the said premises in which the petitioner participated and he was again alloted the said stand with effect from 06-05-1988. On 23-11-1990, the respondent-Corporation issued a Circular, wherein it was provided that licensees like the petitioner who had completed 9 years over such premises could be continued with increase in licence fee. On 13-05-1999, the respondent-Corporation issued a tender notice in newspapers calling for fresh tender for allotment of the aforesaid space for Scooter and Cycle Stand. On 31-05-1999, the petitioner filed a suit for declaration and permanent injunction bearing Regular Civil Suit No.848 of 1999, before the Court of Civil Judge, Junior Division, Nagpur, praying for an order of injunction to restrain the respondent-Corporation from acting upon the aforesaid tender notice dated 13-05-1999. It was further prayed by way of an amendment that the respondent-Corporation be directed to execute an agreement in favour of the petitioner for allotting the aforesaid Scooter and Cycle Stand. An order of temporary injunction was passed in favour of the petitioner in the said suit.

3. On 03-10-2000, the respondent-Corporation sent a notice to the petitioner for taking steps for execution of agreement in respect of the said premises, stipulating increase in amount of the licence fee and calling upon the petitioner to deposit certain amounts. On 21-11-2000, the petitioner sent a reply to the said notice dated 01-10-2000 and stated that the amount of increase in licence fee claimed by the respondent-Corporation was exorbitant and arbitrary and that the petitioner would be regularly making payment of specific amount towards licence fee annually and thereafter, the amount would be raised by 10%. There was no agreement executed between the parties in respect of the said premises.

4. On 21-09-2003, the respondent-Corporation filed application under Section 4 of the said Act, before the Court of Resident Deputy Collector, Nagpur, seeking eviction of the petitioner from the said premises, claiming that the occupation of the petitioner in the said premises after 05-05-1999, had become unauthorized. The petitioner filed reply and opposed the said application. By order dated 02-07-2007, the Resident Deputy Collector, Nagpur, rejected the application of the respondent-Corporation, holding that the occupation of the petitioner in the said premises could not be said to be unauthorized as he was paying amounts towards licence fee to the respondent-Corporation. It was also observed in the said order that the aforesaid suit filed by the petitioner was pending wherein stay order was operating against the respondent-Corporation and that the respondent-Corporation had not taken any steps for vacating the stay order. The respondent-Corporation filed appeal under Section 7 of the aforesaid Act, being Misc. Civil Appeal No.170 of 2008, before the Court of District Judge, Nagpur.

5. Thereafter, on 10-09-2008, the Court of Joint Civil Ju