A person occupying government property after the expiry of a lease cannot be dispossessed except through the due process of law, although they possess no legal right to continue such occupation.

Dig itally signed by GEETHA P G Location :

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS AND PROCEEDINGS OF THE CASE THIS HON'BLE COURT MAY BE PLEASED TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE NOTIFICATION OF PUBLIC AUCTION BEARING NO. DATED PU.SA.KAA.PAAM/KAM.SHAA/E- HARAAJU/01/2025-26 20.03.2026 ISSUED BY THE RESPONDENT NO.2 IS PRODUCED AS ANNEXURE-F. IN SO FAR AS IT RELATES TO SHOPS NO.15 (BEFORE IT WAS SHOP NO.16) WHICH ARE UNDER THE OCCUPATION OF PETITIONER IS CONCERN., AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The petitioner is said to have been allotted a shop by respondent No.2 on lease on 10.04.2003 for a period of 2 years 11 months. The term of the lease / license has already been over. However, the petitioner has not vacated the premises. Now the said shop is brought to auction and the auction is scheduled on 23.04.2026. In spite of issuing notice to the petitioner, he has not vacated the same and has challenged the action of respondent No.2 in bringing the said shop for auction in the present writ petition.

The case of the petitioner is that, though his term of lease/license is over, he can be dispossessed of the property only in the manner known to law and not otherwise.

True, a person can be dispossessed of Government property only in the manner known to law and not otherwise. However, at the same time, the petitioner does not have the right to cling on to the property in violation of the law when the lease/license period of the property is already over. It is also not clear whether the petitioner is still in possession of the property or not. Hence, the following:

ORDER

i. Respondent No.2 is at liberty to auction the property as contemplated in law.

ii. If the petitioner has not already been evicted, respondent No.2 shall evict the petitioner only in the manner known to law and not otherwise.

iii. As the petitioner is said to have overstayed in the property, liberty is granted to respondent No.2 to recover mesne profits from the petitioner by initiating appropriate proceedings in the manner known to law.

iv. The Writ Petition stands disposed of accordingly.

v. Pending I.As., if any, stand disposed of.