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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
H.P. Horticultural Produce Marktg. & Processing Corporation Ltd. - Appellant
Versus
Medical Superintendent Employees State Insuranc - Respondent
W.P.(C) 2466 of 2021 & CM Appl. 7222 of 2021
Decided On : 16-08-2021
| 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 counsel for the petitioner seeks leave to withdraw the petition. He however prays that time be granted to vacate the premises and hand over the peaceful, vacant possession of the subject kiosk on or before 31.10.2021.
5. The appeal is dismissed as withdrawn.
6. Learned counsel for the petitioner under instructions from Mr. Narendra Singh, Assistant Marketing Officer who is also officiating as Deputy General Manager undertakes that petitioner shall vacate and hand over the peaceful, vacant possession of the subject kiosk on or before 31.10.2021. He further undertakes that he shall pay the license charges upto 31.10.2021 and also pay the water and electricity charges to the concerned authority. He also undertakes that he shall not sublet, assign or part with the possession of the kiosk to anyone.
7. The undertaking is accepted.
8. Let an affidavit of undertaking be filed within a period of two weeks from today.
9. On petitioner filing the affidavit of undertaking and abiding by the undertaking, execution of the eviction order dated 3/11.11.2016 shall remain stayed till 31.10.2021.
10. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
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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