- (1.) We have heard learned counsel on both sides.
(2.) This case is a misuse of the compassionate grounds on which leave and licence is sought to be granted to the widows of the freedom fighter. The appellant had granted to the first respondent leave and licence on May 15, 1992 the shop (Sales Counter) bearing No. 'H' at Interstate Bus Terminal at a concessional rate of 5% of the licence fee. It is not necessary to go into the allegation regarding her encroachment and misuse of the shop allotted in the name of the respondent. An application was filed on March 21, 1994 for renewal of the leave and licence, which is now found to be not signed by the respondent. A show cause notice was issued on 6-5-1994 to the respondent asking her to hand over vacant possession of the counter on 6-6-1994.
(3.) A writ petition No. 2483/94 was filed in the High Court of Delhi on 23-5-1994 for restraining the appellant from ejecting her and issue a direction to renew her leave and licence. The affidavit filed by the respondent in the High Court was not even signed by her. When the notice was issued to the appellants (herein), the appellants filed a counter-affidavit on October 24, 1994 informing the High Court of Delhi of the forgery committed in the pleadings and also her application for renewal. The Court has called upon the respondent to appear before the Court on 2-11-1994 but she did not appear. Ultimately, the respondent appeared on November 15, 1994. The Court has taken her signatures in the open Court and compared with the signatures on the Vakalatnama and affidavits and found to be not consistent with her admitted signatures. At that time, the respondent had sought permission for withdrawal of the writ petition with the liberty to file a fresh petition on the same cause of action. Accordingly, liberty was granted vide order dated November 15, 1994. Thus this appeal by special leave. We are informed that possession of the Koasko was taken.;