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Judgment
Caveat No. 5372/2019
Caveator has been heard. Caveat stands discharged.
LPA No. 306/2019
By way of the instant appeal, the appellant assails the order dated 19th November, 2019, whereby the learned Single Judge has vacated the interim order dated 05th November, 2019.
The facts giving rise to the present appeal are not in dispute. It is not disputed that the Tourist Reception Centre, Reasi was given to the appellant for a period of five years only with effect from 30th January, 2014 on an annual franchise fee of Rs. 7,21,121/- The amount of the franchise fee had been paid by the appellant only for a period of one year and thereafter he is in default.
In the year, 2016, the appellant was also granted permission to open a bar on payment of yearly payment of fee of Rs. 96,000/-. This amount has also not been paid by the appellant.
As on date, the respondents have submitted that an amount of Rs.62,21,162/-is due from the appellant.
The more important fact is that the period of license of five years also stands expired by efflux of time on 30th January, 2019. The appellant thus have no right to continue in possession.
In the above facts, the respondents invoked the remedy under the provisions of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988. In the eviction proceedings, the Estate Officer (Assistant Director Tourism, Katra) has passed eviction order dated 16th September, 2019.
The appellant's appeal assailing the order of the Estate Officer under Section 12 (1) of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988, was rejected by the order dated 30th October, 2019 passed by the District Magistrate ( Deputy Commissioner) Reasi.
Aggrieved thereby, the appellant filed Writ Petition (C) No. 4137/2019. In this Writ Petition, on 05th November, 2019, an order of status quo was passed by the learned Single Judge and the appellant was directed to ensure presence of his counsel on the next date of hearing.
The case was taken up next on 19th November, 2019. On 19th November, 2019, neither the appellant nor his counsel was present.
Mr. F. A. Natnoo, learned AAG for the respondents has submitted that the present appeal is merely a ploy on behalf of the appellant to perpetuate illegal occupation of the valuable Government property without making any payment for the same.
It is submitted that towards this dishonest purpose, the appellant has involved the respondents in a spate of untenable litigation, including a petition under Section 9 of the J&K Arbitration and Reconciliation Act, 1997, wherein, as back as in the year, 2017 an order of interim stay was granted by the learned Additional Sessions Judge. It is submitted that the appellant has dragged that litigation and only now filed an application for appointment of an Arbitrator.
We find that on the 19th of November, 2019, the learned Single Judge has considered the fact that the license of the appellant was over on 30th January, 2019 and there was default of payment of license fee as well as towards the bar licence.
In this background, the learned Single Judge was of the view that there is no need to extend interim order dated 5th November, 2019 which was vacated. It was observed by the learned Single Judge that the respondents would be at liberty to take possession of Tourist Reception Centre building from the appellant. The appellant has assailed the order dated 19th November, 2019 by way of this appeal.
We have been informed by Mr. Natnoo that the respondents have taken possession from the appellant on 21st November, 2019. Inventory of the items found in the premises was prepared on 20th November, 2019 in the presence of two the independent witnesses. The information regarding the taking over of the possession was given by the Assistant Director Tourism, Katra by undercover of the communication dated 21st November, 2019 to the Director Tourism, Jammu.
Given the admitted fact that the period of franchise was over, the occupation of the appellant of the premises in question was rendered unauthorized and illegal. It cannot be permitted to be perpetuated. This was the only issue which is required to be considered in proceedings under J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988.
The appellant admittedly has also not made the payments, for which he propounds the excuse that there was leakage in the building. In case the appellant was not satisfied with the premises, which had been given to him, he had the option to return the possession thereof to the respondents and claim relief by such remedy as would be available to him in accordance with law. The prayer for stay in the writ petition was not a relief which he could be legally granted
Mr. F. A. Natnoo has submitted that the building was in good condition and was being actually used by the appellant for running a hotel in the name and style of 'Chenab View'. He submits that in fact, the official respondents were hiring rooms in the hotel for utilization of the guests of the respondents against payments, which were made by the respondents to the appellant. This fact also falsifies the claim set up by the appellant.
Be that as it may, the appellant has no right at all to claim entitlement to continue in possession of the premises in question.
Even otherwise, the possession of the building stands taken and no relief can be granted to the appellant herein. This appeal is without merit and the same is hereby dismissed.
At this stage, the appellant submits that all his goods are lying in the building.
Mr. F. A. Natnoo has placed before us a copy of the inventory, which was prepared before taking possession. It shall be open for the appellant to approach the Director, Department of Tourism for return of such articles as were found in the building. The same shall be handed over to the appellant on the date and time appointed by the Director (Tourism) against proper receipt.
Copy this order be provided to the both sides under the seal and signatures of the Joint Registrar-cum-Bench Secretary.