Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 05.10.2018 passed by Chief of Township, Heavy Engineering Corporation Ltd, whereby and whereudner the petitioner has been informed that no further extension shall be given after 31.03.2019 in terms of Clause 23 of Agreement dated 16.05.2018 and accordingly advised to make alternate arrangement so that possession over the premises can be taken as on 01.04.2019.
(2.) The brief facts of the case of the petitioner is that vide letter dated 25.04.2018 a request was made by him before the respondent no.1 for allotment of building on rent for setting up of an office along with Studio, pursuant to the said request M/s Heavy Engineering Corporation Limited vide letter dated 01.05.2018 allotted a building on rent for setting up an office along with Studio. The said allotment was on leave and license basis. The aforesaid allotment letter contains condition that a temporary structure would be allotted for eleven months on terms and conditions mentioned therein and accordingly a total sum of Rs.1,69,506/- per month was payable by the petitioner, apart from the aforesaid security deposit of Rs.15,93,350/- was also charge with an amount equivalent to eleven months license fee, thereafter the petitioner started the use of the aforesaid premises. The petitioner thereafter has spent a huge money for renovation of the building, while he was in occupation, certain trees has been cut with the permission of the Forest Department with due information to the Heavy Engineering Corporation. The respondent-Corporation all of a sudden has served notice dated 05.10.2018 by which the petitioner has been informed that the period of licence would not be extended after 31.03.2019 and as such directed the petitioner to make alternative arrangement so that the same be taken over on 01.04.2019. The respondent Corporation thereafter has sealed the premises on 01.04.2019 and hence the authorities have acted with highhandedness and even if the terms of the licence has expired, proper course for eviction by way of resorting to the provision of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 as per the terms and conditions of the licence, as contained in Annexure-2, has not been followed and, therefore, sealing of the premises cannot be said to be in accordance with law, therefore, the instant writ petition.
(3.) Mr. Indrajit Sinha, learned counsel for the petitioner in respect of his argument has relied upon the following judgments: (i) (M/s Dwarkadas Marfatia and Sons vs. Board of Trustees of the Port of Bombay, 1989 3 SCC 293) (ii) (ITC Limited vs. State of Uttar Pradesh and Ors., 2011 7 SCC 493);