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Judgment
Seeking a direction from this Court to the respondents not to take any coercive steps pursuant to the notice dt.22.10.2026 for a brief period till the petitioner approaches the civil Court and makes an attempt to get an interim order, this Writ Petition has been filed.
Learned counsel for the petitioner submitted that the petitioner was given a licence in the year 2011 to run a 'pay and use modern toilets block' for a period of 20 years, i.e., up to 03.05.2031 and thereafter, the respondents intended to create a facility of free toilets and therefore, a notice was issued to the petitioner to vacate the toilets block and challenging the same, W.P.No.13286 of 2024 was filed and during the pendency of the Writ Petition, stay was granted by this Court and ultimately, the said Writ Petition was disposed of vide orders dt.23.06.2026 observing that the petitioner is at liberty to avail dispute resolution mechanism provided under Article 24 of the Agreement dt.04.11.2021. It is submitted that the petitioner has immediately made an application on 03.07.2026 for obtaining certified copy of the order, however, the certified copy of the order was made available only on 30.10.2026 and in the meantime, the respondents have issued the impugned notice dt.22.10.2026 and the learned counsel for the petitioner submitted that the lower Court advocate had insisted that certified copy of the order is necessary to file a suit before the civil Court and therefore, the suit could not be filed and he seeks time for a period of three months for approaching the civil Court and making attempt to get an interim order and till such time, he is seeking stay of the impugned notice.
Learned Standing Counsel for the respondent Corporation, however, opposed the same and submitted that there was no requirement of filing a certified copy of the order to approach the civil Court and that the petitioner could have approached the civil Court well in time and only after a notice dt.22.10.2026 has been issued for vacating the premises within 15 days from the date of receipt of the notice, the petitioner has approached this Court. He further submitted that the petitioner has also not given any reply to the notice dt.22.10.2026 and therefore, no further time should be granted to the petitioner.
Having regard to the above submissions, this Court finds that the Writ Petition filed by the petitioner was dismissed by this Court in the month of June, 2026 granting liberty to the petitioner to approach the civil Court for dispute resolution mechanism. Whether certified copy of the order is required to file a suit is not being gone into at this stage. But it appears that the petitioner has made efforts to obtain the certified copy of the order and has filed an application for the same within time. Therefore, it cannot be said that the petitioner has not been vigilant in obtaining the certified copy of the order of this Court.
In view thereof, the impugned notice dt.22.10.2026 is suspended for a period of two months from today to enable the petitioner to approach the civil Court and if the petitioner fails to obtain interim order before the expiry of the said period of two months, then the respondent Corporation is entitled to take appropriate action in this matter.
The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.