ORDER
1. Heard counsel for the parties.
2. This Writ Petitions has been filed for mandamus directing the respondents not to remove the shops of the petitioner No. 2 and members of the petitioner No. 1 from the Sports Stadium, Meerut.
3. The petitioner No. 1 is a society registered under Societies Registration Act which claims to have 134 members. There is a Sports Stadium in Meerut city and certain shops were allotted to the members of petitioner No. 1 in that Stadium and certain open land was also allotted. It is alleged that the petitioners have been paying monthly rent. In para 10 of the writ petition it is stated that on 26-5-1998, respondent No. 2. District Magistrate, Meerut asked the members of the petitioners society to vacate the premises/shops forthwith. Hence this petition.
4. A counter affidavit has been filed whose copy was served upon learned counsel for the petitioners on 28-1-1999 but no rejoinder affidavit has been filed so far. Hence the allegations of the counter affidavit have to be presumed to be correct. In para 4 of the counter affidavit, it is stated that there is no contract of tenancy between the petitioners and the respondents. There is also no contract of tenancy between the individual shop keepers and the respondents. The land over which the shops in dispute are situated belong to the Sports Department U. P. and the land is urgently required by the Sports Department for developing a Sport Complex. In para 7 of the counter affidavit it is stated that a large numbers of the occupants of the shops in dispute are not paying the rent and they are in huge arrears vide annexure C. A. 1 to the counter affidavit. In para 8 of the counter affidavit, it is stated that when the Sport Stadium was constructed, the adjoining lands over which the shops in dispute are situated was not required by the Sports Authority and therefore, the same was let out to the various occupants. With the development of sports, the entire adjoining land over which the shops are situated are required by the Directorate of sports U. P. for developing a Sports Complex. Hence on 19-9-1994. the Regional Sports Office. Meerut, issued notices to the individual occupants of the shops to the vacate the shops vide annexure C. A. 2 to the counter affidavit. However, they have not vacated the same as yet. The Special Secretary (sports). Govt. of U. P. has submitted a report on 1-2-1996 specifically stating therein that the land over which the shops in dispute are situated are urgently required for developing the sports complex vide annexure C. A. 4 to the counter affidavit.
5. On the facts of the case, we find no merit in this petition. In our opinion the members of the petitioner No. 1 and petitioner No. 2 were only licensees and not lessees over the land in question. It is well settled that a licence can be terminated at any time vide Section 60 of the Easements Act. The writ petition is, therefore, dismissed and the interim order, if any, of this Court is vacated. The members of petitioner No. 1 and petitioner No. 2 are directed to vacate the shops in question forthwith. No further time will be granted as they have already continued in occupation of the shops and land even after 10 years of the eviction notice which was served upon them in the year 1994.