BHAGWAN DASS PAHWA Vs. DISTRICT JUDGE, JAMMU
HIGH COURT OF JAMMU AND KASHMIR
Bhagwan Dass Pahwa
District Judge, Jammu
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(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
(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
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
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