Himachal Pradesh High Court
CWP/4446/2019 on 30 December 2019
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HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.4446 of 2019 Decided on: 30.12.2019 M/s Chawla Cassettee Industries ....…......Petitioner Versus State of Himachal Pradesh and another ........Respondents _______________________________________________________________
Coram:
Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Maan Singh, Advocate. For the respondents : Mr. Ashok Sharma, Advocate General, with Mr. Adarsh Sharma and Ms. Ritta Goswami, Additional Advocate Generals, for the respondents/State. ________________________________________________________________ _ Jyotsna Rewal Dua, Judge (Oral). Feeling aggrieved against the dismissal of appeal vide order dated 04.10.2019 (Annexure P-3), passed by the Divisional Commissioner, Mandi, under Section 9 of the Himachal Pradesh Public Premises and Land (Eviction & Rent Recovery) Act, 1971, thereby affirming the order dated 01.01.2019, passed by the Sub Divisional Collector, Kullu, the petitioner has preferred the present writ petition with following prayers:- 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
“i) That impugned orders dated 1.1.2019 (Annexure P-1) passed by learned Collector, Sub Division, Kullu. Himachal Pradesh and order dated 4.10.2019 (Annexure P-3) passed by learned Divisional Commissioner, Mandi in case No.90/2019, may be quashed and set aside. ii) That the respondents may be directed not to evict the petitioner from the premises in question i.e. Shed No.3, Industrial Area, Shamshi, Kullu, Himachal Pradesh. Iii) That communication dated 18.12.2010 (Annexure P-4) issued by respondent No.2, i.e. General Manager, District industries Centre, Kullu, Himachal Pradesh, may be quashed and set aside.”
2. The petitioner was allotted Shed No.3 (Old electronic shed), in Industrial Area, Shamshi, Kullu, on rental basis for the manufacture of audio and video cassettes by the General Manager, District Industries Center, Kullu, on 01.04.1989. The petitioner did not pay the agreed rent from September, 1990 till May, 2001. Various show-cause notices were issued to the petitioner in this regard, i.e. on 27.09.1990, 11.12.1991, 01.03.1993, 14.12.1993, 16.06.1994, 22.09.1994, 24.02.1995, 09.08.1995, 12.02.1996, 21.03.1997, 15.12.1997, 14.12.1998, 13.11.1999 and 24.05.2001. The General Manager, District industries Centre, Kullu, accordingly issued show cause Notice(s) dated 12.11.2007, 18.09.2008, 19.02.2010 & 25.09.2010 to the petitioner for cancellation of allotment in question. The allotment was eventually cancelled on 18.12.2010. The order of cancelling the allotment has not been challenged by the petitioner. The respondents-State thereafter initiated eviction proceedings against the petitioner in the year 2015, after issuance of Notice under Sections 4 & 7 of H.P. Public Premises & Land (Eviction & Rent Recovery) Act, 1971. The eviction order was passed by the Collector, Kullu, on 01.01.2019 (Annexure P-1), which has been affirmed by the Divisional Commissioner, Mandi, vide order dated 04.10.2019 (Annexure P-3). These two orders have been assailed in the instant writ petition.
3. We have heard learned counsel for the parties and gone through the record.
4. The impugned orders are based upon the factual position of the case in hand. It is not in dispute that the petitioner has not paid the arrears of agreed rent w.e.f. September, 1990 to May, 2001 and till date he is occupying the premises in question without payment of the rent. The allotment of shop/Shed in question made in favour of the petitioner had been cancelled on 18.12.2010, in accordance with law, after affording him sufficient due opportunities. Since it is apparent from the record that the petitioner is defaulter for non-payment of agreed rent, therefore, we see no illegality in the impugned order dated 04.10.2019 (Annexure
P-3), passed by the Divisional Commissioner, Mandi, affirming the eviction order passed by the Sub Divisional Collector, Kullu, District Kullu. Accordingly, the present writ petition is dismissed being devoid of any merit. Pending miscellaneous application(s), if any, shall also stand disposed of.
(L. Narayana Swamy)
Chief Justice
(Jyotsna Rewal Dua) December 30, 2019
Judge (Yashwant)