- (1.)This is a petition for an appropriate ' writ, direction or order against the State of Bombay and the Collector of Bombay and Bombay Suburban District restraining them from enforcing an order made under Section 4(1), Bombay Displaced Persons Premises Control and Regulation Act, 1952, ordering the petitioner to vacate certain premises of which he was in occupation.
(2.)It is the case of the petitioner that he is a displaced person and since about April 1948 he has been residing in the Chembur Relief Camp. According to him a barrack in the said camp being barrack No. T 283 was allotted to him for his residence & business and he was running a ration shop being ration shop No. C-6 in a part of the said barrack. On 21-6-1952, the petitioner was served with an order under Section 7, Bombay Refugee Act, 1948, directing the petitioner to leave the Chembur colony within a period of 3 days and not to re-enter the said colony. Against this order the petitioner filed Miscellaneous Application No. 170 of 1952 and this Court held that Section 7, Bombay Refugee Act, was 'ultra vires' and restrained the appropriate authority from enforcing the said-order against the petitioner. 'Sanwaldas Govindrara v. State of Bombay' On 272- 1953, the. petitioner was served with an order, made by the Collector of Bombay and Bombay Suburban District under Section 4 (1), Bombay Displaced. Persons Premises Control and Regulation Act, 1952, ordering him to vacate the barrack within one month from the date of the order, and it is this order which is challenged on the petition.
(3.)The petitioner's case is that he was a tenant of the said barrack, and even assuming that his tenancy is terminated, he is not liable to be evicted under the summary powers conferred upon the Collector of Bombay by Section 4(1), Bombay Displaced Persons . Premises Control and Regulation Act, 1952. The Collector of Bombay by his affidavit in reply points out that no premises were ever allotted to the petitioner in the said camp, that the premises in question were in use initially for a ration depot for distribution of free rations to the inmates of the camp but later on when free distribution was stopped the depot was converted Into a ration shop and the person who had the license for the ration shop was permitted to use the premises for the purpose of the ration shop as well as for the purpose of his residence as a mere adjunct of the license to run the ration Shop. The premises, therefore, changed hands every time the license of the ration shop changed. Prior to 1940 one Dayaram Hasmatrai was the licensee. In 1948 he took the petitioner as a partner. On 4-6-1949, the license was cancelled and the shop was transferred to Messrs. Tikamdas Assandas and Assandas Govermal. Subsequently the shop was transferred to the petitioner and Tolaram Kanchand and one Raghumal Budhoomal in April 1950 and they thus became licensees of the pre-mises In which the shop was to be run. Thereafter in Rahumal's place one Manghumal Ranghumal was introduced, but as there were several irregularities 'committed in running the said shop, the license issued to the petitioner and the said Tolaram Kanchand and Raghumal Budhoomal was cancelled by the Controller of Rationing on 27-6-1952, and it was directed that the said shop should be transferred to three other persons named by him. Upon such an order being passed the petitioner's license to occupy the barrack was terminated and thereafter he was in unauthorised occupation of the premises and liable to be evicted under the provisions of Section 4, Displaced Persons Premises Control and Regulation. Act, 1952.