AI Structured Summary
Not yet generated for this judgment
Judgment
Hon’ble Mr. Justice Amitendra Kishore Prasad
By way of this petition, the petitioner has prayed for following reliefs:-
“10.1That the Hon'ble Court may be pleased to call for the records. pertaining to the case of the Petitioner from the offices of Respondents.
10.2That the Hon'ble Court may also be pleased to issue writ/order/direction of appropriate nature quashing the impugned notice dated 21.09.2021 (ANNEXURE P-1), since the same is arbitrary, illegal and without jurisdiction.
10.3That the Hon'ble Court may also be pleased to issue writ / order /direction, directing the Respondent No.3 to consider and renew the lease-deed in conformity with the renewal clause contained under the Lease Deed Dtd. 07.04.2018.
10.4That the Hon'ble Court may also be pleased to issue writ / order /direction, restraining the Respondent No.03 from evicting the petitioner from the subject shop, without following the due process of law.
10.5Any other relief(s), direction(s), which Hon'ble the Court deems fit, and proper along with cost, in the circumstances of the case.”
Learned counsel for the petitioner submits that the petitioner was put into the possession of a shop for a period of 3 years from 07.04.2018 to 31.03.2021 as per Section 109 of the Chhattisgarh Municipalities Act 1961. Thereafter, the petitioner was allowed to construct a shop there and he is in the possession of the said shop till date. However, without any right, the respondent No. 3 Chief Municipal Officer has served a notice dated 21.09.2021 to the petitioner to vacate the shop otherwise it would be demolished as such this petition has been filed.
On the other hand, learned counsel for respondent No. 3 opposes the submissions made by learned counsel for the petitioner and submits that the impugned notice dated 21.09.2021 has rightly been issued to the petitioner and does not call for any interference.
I have heard learned counsel for the parties and have perused the material available on record.
Considering the facts and circumstances of the case and, particularly, the documents available on record, it appears that an agreement was executed between the petitioner and Nagar Panchayat, Gaurela, whereby the petitioner was permitted to construct and run the shop in accordance with law for a period of three years, i.e., from 07.04.2018 to 31.03.2021, under Section 109 of the Chhattisgarh Municipalities Act, 1961. The said agreement also contains a clause regarding renewal. It is further apparent that, vide order dated 30.09.2021, this Court had directed the concerned authorities not to evict the petitioner forcibly from the property in question. Pursuant to the said interim order, the petitioner is still running the shop. In view of the aforesaid circumstances, the petitioner is directed to submit an appropriate application before the concerned authorities, specifically bringing to their notice the agreement executed between the parties and the renewal clause contained therein. Upon receipt of such application, the concerned authorities shall consider the same in accordance with law and, if the case of the petitioner requires reconsideration, shall reconsider the matter and pass an appropriate order, keeping in view the terms and conditions of the agreement, including the renewal clause.
The concerned authorities are directed to consider and decide the application submitted by the petitioner within a period of 60 days from the date of receipt of a copy of this order. Till such decision is taken, the interim order dated 30.09.2021 passed by this Court shall remain in force.
With this observation and direction, the writ petition is disposed of.