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2025 Supreme(UK) 32

HIGH COURT OF UTTARAKHAND
BILLOO – Appellant
Versus
NAGAR PALIKA PARISHAD MUSSOORIE DISTRICT DEHRADUN THROUGH ITS EXECUTIVE OFFICER – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • Case Overview: This is a Second Appeal wherein the appellant, Billoo (a licensee operating a tea stall), challenged the dismissal of his suit for a permanent injunction against the Nagar Palika Parishad regarding unauthorized eviction. The lower courts had affirmed that the eviction was lawful, but this court found the eviction arbitrary due to a lack of due process. (!) (!)
  • Factual Background: The appellant was granted a license by the Nagar Palika in 1995 to operate a tea stall on a specific piece of land. He constructed a "Khokha" (stall) there and paid rent. However, the Nagar Palika failed to extend the license or accept the settled rent, and subsequently threatened to remove the tea stall by force in July 2002 without issuing any prior notice. (!) (!) (!)
  • Procedural Violations (Due Process): The core issue was whether the authorities could evict a licensee without following legal procedures. The court found that the Nagar Palika did not issue any prior notice to terminate the license or direct the appellant to vacate the premises before attempting forceful eviction. This absence of notice rendered the eviction arbitrary and illegal. (!) (!) (!)
  • Violation of CPC Order 41 Rule 31: The court noted that the judgment of the first Appellate Court (Civil Appeal No. 49 of 2011) suffered from a legal lacuna because it failed to formulate or answer the "Point of Determination" as required by Order 41 Rule 31 of the Code of Civil Procedure (CPC). Consequently, the appellate judgment was quashed for non-compliance with this procedural rule. (!) (!) (!)
  • Court's Findings and Ruling: The Supreme Court of Uttarakhand held that even an unauthorized occupant cannot be evicted without due process, and this applies strictly to licensees who have permissive possession. Since the Nagar Palika failed to issue a prior notice, their action was contrary to basic legal norms. The Second Appeal was allowed, the lower court judgments were quashed, and the suit was decreed, permitting eviction only after adhering to the due process under the U.P. Municipalities Act. (!) (!) (!) (!)
  • Outcome: The eviction attempt by the Nagar Palika in 2002 was declared illegal. The appellant is entitled to remain in possession until proper legal notices and procedures are followed. No order was made regarding costs. (!) (!)

Table of Content
1. challenge to previous judgments in a second appeal. (Para 1)
2. substantial question of law regarding eviction without due process. (Para 2)
3. factual background of appellant's licensing and eviction issues. (Para 4 , 5 , 6 , 7)
4. respondents' compliance with legal provisions challenged. (Para 8 , 9)
5. court's observations on procedural compliance in the original judgements. (Para 11 , 12 , 13 , 14 , 15)
6. confirmation of necessity for due process before eviction. (Para 16)
7. final decree permitting eviction only with due legal process. (Para 18)
8. conclusion and order with no costs. (Para 19 , 20)

JUDGMENT :

Sharad Kumar Sharma, J.

1. This is a plaintiff’s Second Appeal, wherein, the plaintiff/ appellant, herein, has challenged the impugned judgements dated 6th December, 2013, as rendered in Civil Appeal No. 49 of 2011, Billoo Vs. Nagar Palika Parishad, Mussoorie and another , which stood dismissed by the judgement of the learned District Judge, and as a consequence thereto, it has resulted into an affirmation of the judgement and decree dated 28th March, 2011, as rendered by the Court of Civil Judge (Senior Division), Dehradun, in Original Suit No. 519 of 2002, Bi

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