Court No. - 29
Case :- WRIT - C No. - 23227 of 2019 Petitioner :- Jagat Narayan And 8 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Awadhesh Kumar Malviya,Sunil Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 to 3 and Sri G.S. Chauhan, learned counsel appearing on behalf of respondent nos.4 and 5.
Admittedly, the Zila Panchayat, Jhansi at one point of time authorized one Sri Suresh Chand Gupta to construct shops and to let out them to tenants. In pursuance thereof shops were constructed and petitioners were allowed to occupy their respective shops on rent.
Subsequently, the Zila Panchayat realized that the authorization to aforesaid Suresh Chand Gupta was illegal and as such, the contract entered with Suresh Chand Gupta was cancelled on 27.09.2018 but he could not restore the possession of the shops to the Zila Panchayat.
Accordingly, on the directions of the District Magistrate dated 08.03.2019, a five members committee was constituted to ensure that shops are vacated by the tenants i.e. the petitioners and put in possession to the Zila Panchayat.
There is no dispute to the fact that petitioners are occupying the respective shops for the last many years on rental basis and as such, they cannot be dispossessed from the said shops without following the procedure prescribed in law. So far the respondents have not adopted any procedure for evicting the petitioners from the shops in dispute.
In view of aforesaid facts and circumstances, we dispose off the writ petition with the direction to the respondents not to dispossess the petitioners from the shops in dispute without following the procedure prescribed in law.
Order Date :- 30.7.2019 Sattyarth