BHAGWAN DASS PAHWA Vs. DISTRICT JUDGE, JAMMU
LAWS(J&K)-1999-2-41
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 05,1999

Bhagwan Dass Pahwa Appellant
VERSUS
District Judge, Jammu Respondents

JUDGEMENT

- (1.) THIS petition has come to be filed under following circumstances:
(2.) IT be seen that some of the facts have been taken from the assertion made in the petition and other facts have been taken from the file which was produced by the Jammu Muncipal Council. This file was produced in pursuance of an order passed by this court on 28th Oct. 1996. The petitioner was allotted a shop bearing No. 16. This was done on 13th April 1975. The petitioner was described as a licencee. He was to pay a sum of Rs. 170/ - per month. It appears that the Jammu Municipal Council framed an opinion that the petitioner was not paying the rent. On 10th Aug. 1977, a show cause notice was issued to him. This notice is at page 7 of the file produced by the Municipal Council. This is being noticed. This reads as under: - "Sub: Show cause notice. Municipal shop stands allotted in your favour at below Hanging Park Gumat, @ Rs. 170/ - per month. Due to non -payment of fee Rs.2034/20 have accumulated against you. You are directed to show cause within 7 days as to why the allottment made in your favour be not cancelled for violation of agreement."
(3.) THE further fact is that in pursuance of the aforementioned notice issued on 10th Aug. 1977, another communication was addressed to the petitioner. This is 22nd Sep. 1977. This communication is at page 8 of the file. This is also being noticed. It reads as under: - "Sub: Cancellation of allotment of shop No. 16 situated at below Hanging Park Jammu. That you were temporarily allotted Municipal shop No. 16 at below Hanging Park Jammu on 13,06,1975 on the payment of Monthly fee of Rs.170/ - for eleven months and the allotment still continues in your name. That you have to pay the monthly fee of Rs. 170/ - before the 7th of each calendar month but you did not do so thus resulting in accumulation of arrears of fee amounting to Rs.2034/20 ending July, 1977 and thus violated the terms of agreement. That the said allotment has been cancelled by the Administrator, Jammu Municipality. You are directed to hand over the possession of the said shop to Sh.Balkrishan Nager, Tax Inspector, Municipality Jammu by or before 10th Oct. 1977 failing which action will be initiated under the provisions of the Municipal Act, 2008." The further fact is that on 21st June, 1978, the petitioner was treated as an unauthorised occupant. It was concluded that the shop in question has come to revest in the Municipality. A view was formed that the petitioner is liable to eviction. Under Section 66 of the Municipal Act, a notice was issued to the petitioner. This is at page 9 of the file. On 27th Sep. 78, a notice was issued to the petitioner to vacate the premises failing which it was mentioned that steps would be taken with a view to take possession. The further fact is that on 10th Dec. 81, the possession of the shop in question was taken in presence of the Sub -Inspector. Eight items were found lying therein. These were taken in possession. This was done in presence of witnesses. A report regarding taking of possession is at page 14 of the file produced by the Municipal Council. The further fact is that on 2nd Dec. 81, an application appears to have been given by one Yashpal Sharma, respondent No.4 in the writ petition. The shop in question, the possession whereof was taken by the Municipality, was allotted in favour of this private respondent No.4 on 11.12.81 with a view to give legal colour to whole transaction, an agreement was executed on the next date i.e., on 12the Dec. 81. It is these proceedings which are the subject matter of challenge in this petition.;


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