Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M. S. JAWALKAR
Anil S/o Shamrao Satpute – Appellant
Versus
Union of India through Divisional Railway Manager, Nagpur – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
1. Since the issue involved in all the Petitions is similar, they are being disposed of by this common judgment. RULE. Rule made returnable forthwith. Heard finally by consent of learned Counsel for the respective parties.
2. Since the Writ Petition No. 2519/2024 is taken as lead Petition, the facts and contentions of the said Writ Petition are considered for adjudication of the issue involved in all the Petitions.
3. The present Petition is filed by the Petitioner challenging the order dated 30/03/2024 passed by the learned Principal District & Sessions Judge, Chandrapur, thereby rejecting the Application for grant of stay filed by the Petitioner in Misc. Civil Appeal No. 51/2023 to the order dated 28/07/2023 passed by the Respondent-Estate Officer, whereby the Respondent-Estate Officer has directed the Petitioner to vacate the shop premises in question.
4. The facts giving rise for filing of the present Writ Petition are as under.
5. Shop No. 36 situated in the Complex of Ballarpur Railway Station belongs to the Respondent-Union of India. The said shop was let out by the Respondent-Union of India to Shahiraj Alone for running his Xerox Centre. A Lease Deed
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
A license is a personal right that is not transferable or heritable, and expiry of the original licensee's rights extinguishes claims to possession without proper renewal.
Writ jurisdiction under Articles 226 and 227 is limited to reviewing the legality of process rather than re-evaluating facts. Eviction upheld for breaches of lease conditions.
Section 4 of Public Premises Act has provided for issue of show cause notice against order of eviction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
