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DELHI HIGH COURT
SANJEEV SACHDEVA
H.P. Horticultural Produce Marktg. & Processing Corporation Ltd. – Appellant
Versus
Medical Superintendent Employees State Insuranc – Respondent
| Table of Content |
|---|
| 1. petitioner's eviction order and circumstances. (Para 2 , 3) |
| 2. petitioner's request to withdraw appeal. (Para 4) |
| 3. court's acceptance of petitioner's undertakings. (Para 5 , 6 , 7 , 8) |
| 4. stay on eviction order and order publication. (Para 9 , 10) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)--The hearing was conducted through video conferencing.
2. Petitioner impugns eviction order dated 3/11.11.2016 passed by the Estate Officer and further seeks setting aside of judgment dated 09.02.2021 passed by the Appellate Court dismissing the appeal filed by the petitioner against the order of eviction.
3. Petitioner was granted a kiosk in the premises by the respondent on license basis for a period of one year on 25.01.2012. Said license was extended from time to time but after 10.02.2016 license was not extended. Since petitioner failed to vacate the premises after the expiry of the license period, notice seeking eviction of the petitioner was sent. Thereafter proceedings under the Public Premises Act were initiated which culminated into the order of eviction by the Estate Officer. Said order of eviction has been upheld by the Appellate Court.
4. After some arguments, learned
Eviction orders under the Public Premises Act can be challenged in court, and a withdrawing petitioner can seek time to vacate while adhering to certain conditions.
Licensees must comply with eviction orders and clear arrears to participate in tender processes for public premises, ensuring lawful occupation and financial obligations are fulfilled.
A petitioner in eviction proceedings may withdraw their petition by undertaking to vacate and meet financial obligations, acceptable to the court and the opposing party.
Cancellation of Licence of Shop – Permission granted to participate in tender process subject to conditions of handing over the vacant possession of shop
Dismissal from service terminates entitlement to staff accommodation; pending appeal does not confer rights to occupy the premises.
A litigant's right to be heard is fundamental; a dismissal of an appeal without hearing the petitioner, especially due to lack of representation from the deceased advocate, is unsustainable.
Petition disposed based on tenant's affidavit undertaking to vacate by specified date.
The issuance of a mandatory injunction to vacate premises is valid when an agreement changes the nature of possession from a lease to a license.
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