R K KOHLI Vs. R K GARG

JUDGEMENT

(1.) Appellant claims to have occupied the shop in question as a result of subletting of the same by the original allottee. Initially it was a platform which was allotted to respondent No. 1 by respondent No. 2 L & DO. The appellant has been in the occupation of the shop in question since 1.6.77 and was also found to be in occupation on inspection by respondent No. 2 but respondent No. 2 served a notice for cancellation of the licence to the original allottee on the ground that the possession has been transferred either by way of sale or by way of subletting without the consent of respondent No. 2.

(2.) The appellant claimed protection under the Office Order dated 25th July, 96 relating to regularisation of shops/stalls/flats/platforms etc. in the names of partners and occupants. Same read as under: "In case, where shop has been allotted on tender basis the occupant in whose name the shop is to be regularised shall pay at least 50% of the tendered licence fee over and above it. In any case it should not be less than three times the economic licence fee. In this case too the revision provision as stated at (IX) above shall be applicable.

(3.) Both the Courts have taken the view that without obtaining the consent of respondent No. 2, respondent No.l was not authorised either to transfer the possession of the premises in question or to sublet the same and therefore the appellant does not fall within the category of those persons who have been given the benefit of regularisation of shops/stalls/flats/platforms etc. in their names.