The main legal point established is that a licensee has no legal right to continue occupying the premises after the expiration of the license agreement, and the owner is within their right to remove the licensee from the premises.

V.K. Jain, J.

1. The petitioner before this Court was allotted Room No.205-B in the Administrative Building of the respondent – Container Corporation of India Limited, on license basis, on the terms and conditions contained in Leave and Licence Agreement dated 12.9.2003, for running a Photostat shop, for a period from 1.9.2003 to 3.8.2004. Under Clause 3 of the said agreement, the licensor could extend the term of licence for a further period(s) on the terms and conditions to be decided by the licensor in its sole discretion. The aforesaid licence was extended further and the last Leave and Licence Agreement between the parties was executed on 14.9.2007, which was valid for a period from 1.9.2007 to 31.8.2010. Clause 3 of the said agreement also provided that the licensor could extend the terms of the licence for a further period(s) on the terms and conditions to be decided by the licensor in its sole discretion.

2. Vide public notice dated 12.7.2011, the licensees were advised by the respondent to execute new Leave and License Agreement on or before 20.7.2011. Later, the last date for the purpose was extended to 12.8.2011. Vide letter dated 1.2.2012, the respondent informed the petitioner that his agreement was going to expire on 28.2.2012 and sought his consent for extension with affidavit and clearance of dues mentioned in the said letter. Pending dues, as per the letter dated 1.2.2012 were Rs.4321.15. However, vide letter dated 1.3.2012, the respondent informed the petitioner that his Leave and Licence Agreement and its renewal/ extension had expired on 31.8.2010 and his occupation thereafter was without any authority and right. The petitioner was accordingly called upon to vacate and handover possession of the unit in question within fifteen (15) days of the said letter. Another notice dated 1.3.2012 was issued by the respondent informing all the licensees that the new agreement should be executed on or before 15.3.2012. It was reiterated in the said notice that the agreement will not be executed with such licensee who had not cleared the dues upto 29.2.2012. Responding to the letter dated 1.3.2012 sent to him, the petitioner wrote to the respondent on 15.3.2012, giving his consent for extension of agreement and also informing that he had cleared all the dues upto February-2012.

3. Vide notice dated 20.3.2012, purporting to be issued under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, the Estate Officer of the respondent called upon the petitioner to show cause why an order of eviction be not passed against him. The petitioner appeared before the Estate Officer on 27.3.2012 and sought fifteen (15) days time to submit a reply. The case of the petitioner is that without holding any proceedings in terms of the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, the respondent took forcible possession of the room in question from him on 4.4.2012 and illegally locked the said room. Being aggrieved from his dispossession and non-extension of agreement, the petitioner is before this Court seeking the following reliefs:

(a) To pass an appropriate writ order of direction for directing the respondents to extend the lease deed of the petitioner in view of Public Notice dated 1.3.2012 and 20.3.2012 for a period of three years as the respondents have extended the lease deed of others occupants/ allottee of the space/ rooms and also to restore the allotment/ possession of the Unit bearing number 205-B, measuring 5.08 square meters, in Administrative Block of Inland Container Depot, Tughlakabad, New Delhi-110020 back to the petitioner;

(b) To pass an appropriate writ order or direction thereby directing the respondent no.2 to allow the petitioner to use the Unit bearing number 205-B, measuring 5.08 square meters, in Administrative Block of Inland Container Depot, Tughlakabad, New Delhi – 110020 which was allotted to the petitioner;

(c) To pass an appropriat