Point of Law: Section 4 of Public Premises Act has provided for issue of show cause notice against order of eviction.

JUDGMENT :

1. All the four writ petitions, instituted under Article 226 of the Constitution of India, have referred to a letter dated 25.10.2015 written by the respondent no. 3 whereby the petitioners were asked to arrange for shifting of their business to new locations, indicated therein, on or before 10.11.2015. The petitioners have instituted the writ petitions seeking, inter alia, a direction in the nature of mandamus to direct the respondent authorities to accept license fee from each of the petitioners for the new locations and to extend the agreements enabling the petitioners to complete the shifting works forthwith.

2. As the subject-matters of the four writ petitions are similar and are premised on the letter dated 25.10.2015 of the respondent no. 3, referred above, they are taken up together at the stage of admission for final consideration at the request of the learned counsel for the parties, who have submitted that exchange of pleadings between the parties is complete.

3. In order to appreciate the contentions raised on behalf of the petitioners, it is appropriate to delineate the necessary facts pleaded in each of the four writ petitions, briefly, at first :-

3.1. W.P.[C] no. 214/2018 : In the year 1982, the respondent Railway authorities had provided a license to one Late Chandi Prasad Mahajan, who was an uncle of the petitioner, to occupy a Railway plot numbered as Railway Plot no. 26, measuring 84 square metres, within the Barpeta Road Railway Station premises temporarily. According to the petitioner, the said license arrangement continued from the year 1982 onwards till the death of Late Chadi Prasad Mahajan and thereafter also, with due payment of license fee by the petitioner. The petitioner has claimed that since the initial license agreement, Late Chandi Prasad Mahajan and after his death, the petitioner had been in continuous occupation of the licensed Railway Plot no. 26 within the Barpeta Road Railway Station premises. It was in the year 2013, the petitioner was served with a notice of cancellation dated 25.10.2013 whereby he was asked to vacate the licensed Railway Plot no. 26. By the notice, the petitioner was informed that the licensed Railway Plot no. 26 was required for development of the circulating area of Barpeta Road Railway Station and as such, he was required to vacate the same by removing all the materials/structures within a period of 30 days from the date of receipt of the notice dated 25.10.2013.

3.2. W.P.[C] no. 216/2018 : A license agreement was entered into between the petitioner and the respondent N.F. Railway authorities in the year 1982 whereby the petitioner was granted a license for temporary occupation of a plot of land belonging to the respondent N.F. Railway for the period : 1982 – 1983. The area of land measured 30.00 square metres within the Barpeta Road Railway Station premises. The petitioner has claimed that he was in continuous occupation of the said licensed plot of land since the year 1982 by paying the annual license fee regularly. In the said licensed plot of land, the petitioner used to carry out his business of grocery shop. The petitioner, like the petitioner in W.P.[C] no. 214/2018, was served with a notice of cancellation dated 25.10.2013. It is the case of the petitioner that the last of the license agreements executed in favour of the petitioner was for the period from 01.04.2012 – 31.03.2013.

3.3. W.P.[C] no. 218/2018 :The license agreement was entered into between the petitioner and the respondent N.F. Railway authorities in the year 1982 whereby the petitioner was granted a license for temporary occupation of a plot of land belonging to the respondent N.F. Railway for the period : 1982 – 1983. The area of land measured 30.00 square metres within the Barpeta Road Railway Station premises. The petitioner has claimed that he was in continuous occupation of the said licensed plot of land since the year 1982 by paying the annual license fee regularly. In the said