MANOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the petitioners seeks a writ of certiorari quashing the order of the Estate Officer dated 11-11- 1974 made under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in case No. EC/182/DD/Lit/73 and the order dated January 12, 1976 of the Learned Additional District Judge, Delhi dismissing the appeal.

(2.) The facts of the case as stated in the petition are as follows :

(3.) The premises in dispute known as "Manohar Bakery, York Hotel Building, Connaught Circus, New Delhi", were owned by the Hazi Mohd. Din Chhatriwala and were in the possession of one Mohd. Aashiquine as a tenant. The entire building No. 8792-8793, of which the said premises formed a part, was requisitioned by the Central Government in the year 1942 under the Defence of India Rules. 1942. Mohd. Aashiquine continued to be in possession after the requisition. In 1947 both the ownership of Hazi Mohd. Din Chhatriwala and tenancy right of Mohd. Aashiquine were declared as evacuee properties and as such vested in the custodian of evacuee property. Since the deceased Manohar Singh was a displaced person, on January 16, 1948, the custodian of evacuee property allotted on lease the said premises to him. Hazi Mohd. Din. Chhatriwala applied to the Custodian seeking a declaration regarding his title. In this application he stated that he was not an evacuee, however he offered to accept deceased Manohar Singh and other displaced persons occupying certain portions of the building as his tenants. Accordingly, the authorised Deputy Custodian passed an order on December 13, 1948 that since Hazi Mohd. Din. Chhatriwala did not want vacant possession and he was willing to accept the refugee tenants, his claim for possession was accepted. The deceased Manohar Singh became the successor in interest of Mohd. Aashiquine and acquired the tenancy rights of Mohd. Aashiquine in the premises in dispute. On June 7, 1949 an order was passed by the Custodian giving back propriety right to Hazi Mohd. Din. Chhatriwala. On May 12, 1950 deceased Manohar Singh entered into a licence agreement with the Central Government regarding the same premises. The Central Government charged licence fee from the deceased Manohar Singh @Rs. 80.25 per month. On November 19, 1960 a notice was issued by respondent No. 1 cancelling the licence of deceased Manohar Singh but the same was later withdrawn. Again, another notice was issued by the Deputy Director of Estate which was also withdrawn. A third notice for cancellation of licence was issued on July 30, 1973. This notice is challenged by Manohar Singh (since deceased) through his legal heirs in C.W. 1099 of 1973.