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Judgment
Challenging the proceedings dt.01.09.2026 terminating the licence granted to the petitioner vide licence deed dt.03.11.2010 in respect of Stall No.01 (Phase-III) and Stall No.04 (Phase-III) and without giving any opportunity of hearing to the petitioner, as illegal and arbitrary, this Writ Petition has been filed.
Learned counsel for the petitioner has drawn the attention of this Court to the licence deed dt.03.11.2010 and submitted that the said licence is for a period of 20 years and that the licence is existing up to 02.11.2030 and in the meantime, without any reason, the respondents have issued an advance termination notice on 18.09.2025 and thereafter, again the impugned termination order has been passed on 01.09.2026. The petitioner claims to have made representations on 05.09.2026 and 28.10.2026 and submitted that they are still continuing to occupy the subject stalls and they are seeking consideration of their representations and to allow them to continue to remain in the stalls till expiry of the licence period on 02.11.2030.
Learned Standing Counsel for the respondent Corporation, however, opposed the same and submitted that Clause 33 of the agreement allows the respondent corporation to modify or alter the conditions of the licence and accordingly, a notice was given on 18.09.2025 and the petitioner did not submit any explanation thereto and thereafter, only after a period of one year, the termination order has been passed and therefore, there is no illegality in the termination order.
After hearing both parties and after perusing the record, this Court finds that though the termination notice was given on 18.09.2025, the respondents have not taken any steps thereafter and now the termination order has been passed on 01.09.2026. Therefore, this Court is of the opinion that the petitioner's representations dt.05.09.2026 and 28.10.2026 ought to have been considered by the respondents and appropriate action ought to have been taken only thereafter.
In view thereof, the respondents are directed to consider the representations of the petitioner dt.05.09.2026 and 28.10.2026 and to pass appropriate orders thereon and till such time, no coercive steps shall be taken against the petitioner with regard to the subject stalls.
The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.